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0496 Area of City Impact 1998Code: 21914.x'39 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 496 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING CHAPTER 17.22 OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE FOR WHICH ORDINANCES AND COMPREHENSIVE PLAN SHALL GOVERN WITHIN THE AREA OF CITY IMPACT, PROVIDING FOR ENFORCEMENT OF SAID ORDINANCES OR COMPREHENSIVE PLAN WITHIN THE AREA OF CITY IMPACT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1: The following Chapter 17.22 is hereby added to the Chubbuck Municipal 17.22.010 Intent. A. Pursuant to Idaho Code Section 67-6526, the City of Chubbuck and Bannock County have negotiated a revised Area of City Impact. Said section of the Idaho Code requires that the City of Chubbuck and the Bannock County shall, by separate ordinance, provide for the application of plans and ordinances for the area of city impact. B. The governing boards for Bannock County and the City of Chubbuck, Idaho, did submit to their planning and zoning commissions the question of the Comprehensive Plan and ordinance requirements that should apply thereto. C. The governing boards for Bannock County by Ordinance No. 1998-5 and the City of Chubbuck, by Ordinance No. 495 do adopt and create an Area of City Impact. D. The governing boards for the City of Chubbuck and County of Bannock, Idaho, did provide for a governing plan as well as ordinances for administration of the Area of City Impact. 17 22 020 Governing Plan and Ordinance. A. The Comprehensive Plan of Bannock County shall be in full force and effect in the Area of City Impact for the City of Chubbuck. B. Any development in the form of subdivisions, planned unit developments or commercial development shall comply with the land use regulations of both ORDINANCE - Page 1 chbbckl0.083 2�.� Bannock County and the City of Chubbuck in the manner set forth in the following sections. 17.22.030 Subdivision Process. Any development within the Area of City Impact, requiring a subdivision plat shall follow the process set forth in this section. A. Preapplication Meeting (Bannock County). Bannock County planning staff will meet with applicant and will review with the applicant the proposed uses of the property and determine the uses conformance with Bannock County's Comprehensive plan. County staff will provide the applicant with appropriate information regarding the subdivision standards and procedural requirement of both Bannock County and the City of Chubbuck. B. Conceptual Plan Phase (Bannock County). Bannock County will receive conceptual plans in quantity and size sufficient to mail a copy to appropriate agencies including the Land Use and Development Commission and the Planning Staff of the City of Chubbuck. 2. The requirements of the County for fees and application process shall apply for the conceptual plans. Upon receipt of the plans by the City of Chubbuck, the Planning Staff shall review and provide comments to the Land Use and Development Commission for its next regularly scheduled meeting. Any comment by the City Planning Staff and the Land Use and Development Commission shall be compiled by the City Planning Staff and forwarded to the Bannock County Planning Office. Such comments shall be submitted by the City to the County within five weeks of the City's receipt of such plans. 4. Bannock County Planning and Development Council shall hold a public hearing on the proposed subdivision and shall provide the City of Chubbuck Planning Staff with notice of the Public Hearing. The City may attend the public hearings as an interested party. 5. After the public hearing before the County Planning and Development Council, the County Planning Staff shall determine if the applicant desires to proceed to the preliminary plat stage. If the applicant desires to proceed, the County Planning Staff shall prepare a concept report detailing the conditions and issues to be addressed by the applicant at the preliminary plat stage. The report will be provided to the City Planning Staff for presentation at the preliminary plat phase of applicant's project. 6. Applicant may appeal the concept report prepared by the County Planning Staff to the Bannock County Commissioners. The Commissioners may ORDINANCE - Page 2 chbbck10.083 6f 2i9l'fe39 approve the report, overrule specific parts of the report or may remand the matter back to the County Planning Staff for further consideration. C. Preliminary, Plat Phase (City of Chubbuck). The applicant shall submit a preliminary plat to the Land Use and Development Commission of the City of Chubbuck; provided said preliminary plat shall be prepared in accordance with the conditions and issues addressed by the concept report prepared by the Bannock County Planning Staff. 2. The City of Chubbuck's fees and form of Application for preliminary plat shall apply. The preliminary plat will proceed for consideration by the City of Chubbuck in accordance with Title 17 and 18 of the Chubbuck Municipal Code with the following additions: a. A copy of the proposed preliminary plat will be provided to Bannock County Planning Staff for review. b. Chubbuck shall provide Bannock County Planning Staff with notice of the meeting of the Chubbuck Land Use and Development Commission at which time the preliminary plat will be considered. The conditions or concerns compiled by the County Planning Staff with respect to the preliminary plat shall be forwarded to the City Planning Staff prior to the Land Use and Development Commission and such shall be made part of the record considered by the Land Use and Development Commission. C. The City Staff report about the preliminary plat application as well as the recommendations of the Land Use and Development Commission shall be provided to the County Planning Staff. D. Final Plat Review (Bannock County and City of Chubbuck). Final plats shall proceed according to the procedures used by both Bannock County and the City of Chubbuck with the following requirements: a. Final approval by both Bannock County and the Chubbuck City Council is required before the plat is effective. b. Any substantive change made to the final plat by Bannock County, including any relaxation of standards from the preliminary platting process, any increase in the number of lots or the density of project ORDINANCE - Page 3 chbbck10.083 2li.'�9 shall require a return to the preliminary platting phase of the City for review and approval. C. Once approved by both the County and the City, the County will insure all appropriate signatures, including those of the City, are affixed to the final plat. The County will provide the City a file copy of the final recorded plat. 2. The form of Application and fees required by both the County and the City shall apply to final plats. By Agreement, the Chubbuck City Council and the Bannock County Commissioners may meet in a joint session for purposes of reviewing a final plat subject to the provisions of this section but such joint session is not required. Each may consider the final plat separately at either a regular or a special meeting called for that purpose. 4. If at any point in the subdivision review process, the County or the City impose conditions or requirements which are in conflict with those of the other body or there appears to be disagreement in what is required, the subdivision ordinances of the City, including the review process used by the City, shall take precedence in deciding final resolution of the matter as is allowed under Idaho Code Section 50-1306. 17 22 040 Planned Unit Development (PUD) Review Process. The same procedure shall be followed as for a subdivision except the applicant, at the stage of application for a preliminary plat shall submit a Planned Unit Development Plan in accordance with Chapter 18.20 of the Chubbuck Municipal Code. 17 22 050 Commercial Development. A. Any commercial development shall be in accordance with County requirements and procedures; provided however a summary of the proposed development as well as all relevant materials provided by applicant shall be provided to the City Planning Staff and submitted to the Chubbuck Land Use and Development Commission for review and comment. Any suggested conditions or requirements from the City Planning Staff and the Land Use and Development Commission shall be submitted in written form to the County Planning Staff. B. If the commercial development requests or requires connection to services from the City of Chubbuck (either sewer or water), the development shall comply with all ordinances and policies of the City of Chubbuck. ORDINANCE - Page 4 chbbck10.083 2 191LI39 ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severabilitv. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 10" day of November, 1998. YOR ATTEST: Ate. 0 1&f�v'4- CITY CLERK 3 q ORDINANCE - Page 5 chbbck10.083 V {° A 11: 45 SUMMARY OF ORDINANCE NO. 496 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, adding Chapter 17.22 to the Chubbuck Municipal Code to provide which ordinances and comprehensive plan shall apply within the Area of Chubbuck City Impact; providing that the intent of this Ordinance is to implement the Area of Chubbuck City Impact as adopted by Bannock County Ordinance No. 1998-5 and Chubbuck Ordinance 495; providing the Bannock County Comprehensive plan is in effect in the Chubbuck Area of City Impact; providing that subdivisions, planned unit developments and commercial development shall comply with the land use regulations of both Chubbuck and Bannock County; providing for a subdivision process whereby the Preapplication and Conceptual Plan phase shall be implemented at the County, the preliminary plat phase shall go through Chubbuck and the final plat shall be reviewed by both Bannock County and Chubbuck; providing that planned unit developments shall follow Chapter 18.20 of the Chubbuck Municipal Code; providing that commercial developments shall develop according to Bannock County requirements and procedures but further providing that if a commercial development requires connection to Chubbuck services, the development shall comply with the ordinances and policies of Chubbuck; providing for the repeal of conflicting ordinances; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202 SUMMARY OF ORDINANCE NO. 496 - Page 1 chubbuck11.23a I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 496 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 0day of November, 1998.x, SUMMARY OF ORDINANCE NO. 498 - Page 2 chubbuck11.23a