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HomeMy WebLinkAbout0762 Amending Section 16.12.025 Access ManagementCITY OF CHUBBUCK, IDAHO ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 16.12.025, "ACCESS MANAGEMENT", TO CLARIFY THE APPLICATION OF THE GUIDELINES TO ALL FUNCTIONAL STREET CLASSIFICATIONS, NOT LIMITED TO COMMERCIAL DEVELOPMENTS AND MULTI -UNIT RESIDENTIAL DEVELOPMENTS OF MORE THAN 100 UNITS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 16.12 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Facts. The City has periodically adopted and implemented the Access Management Guidelines promulgated by the Bannock Transportation Planning Organization from time to time. In a recent court action, the court determined the City had applied those Guidelines in a residential area that did not meet the definitions referenced in the Guidelines as "commercial development and multi -unit residential developments in excess of 100 units." The Council finds that although this restriction is set forth in the Guidelines, it will limit the effectiveness of such Guidelines to the City as it develops in the future. Specifically the Council finds that residential area such as along Whitaker Road between Siphon And Chubbuck Roads, while residential, will be a corridor in the future for the anticipated commercial developments that will occur on Chubbuck Road and on Siphon Road, particularly after the anticipated Siphon Road interchange with Interstate 86 is built at some future date. Corridors between such commercial areas, particularly to provide alternate routs to major arterials such as Chubbuck Road and Hiline Road will promote more efficient and orderly movement of traffic and reduce congestion. Accordingly the Council finds is in the interest of the City to apply the Guidelines in Chubbuck to all areas and not be limited to "commercial development and multi -unit residential developments in excess of 100 units." Section 2. Amended Section 16.12.025. Section 16.12.025 of the Chubbuck Municipal Code shall be amended as follows: 16.12.025: ACCESS MANAGEMENT: All streets and roadways shall be designed to conform with the "Access Management Guidelines" (hereinafter "guidelines") as adopted by the Bannock Transportation Planning Organization on February 13, 2012, and as may from time to time be amended; provided however notwithstanding any language to the contrary in the Guidelines. within the Citv- Table 3a "General Prnvkinn.,, of A,7.c.rtc,;Z MRnncr(-.m,­.nt Streets: shall be applied to all areas, not just in a commercial or multi -unit residential developments of more than one hundred (100) units. Such guidelines shall be utilized by city staff as well as the design review committee, land use and development commission and the city council in planning and coordinating the city street system as well as access between parcels owned by various entities for purposes of minimizing the need for access to city streets. Access to properties adjoining Yellowstone Avenue within the city of Chubbuck shall be designed to conform to the more restrictive of the guidelines or to "Idaho Transportation Department Access Management Standards And Procedures For Highway Right -Of -Way Encroachments" adopted March 2011, and as may from time to time be amended. Ordinance - Page 1 chubbuck 071316 acc. mgmt ord.wpd ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 16.12 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. 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 dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this2016 _t]L day of ATTEST: ---- Richard Morgan; City Clerk Ordinance - Page 2 chubbuck 071318 acc. mgmt ord.wpd Kevin B. England, o�r,-� SUMMARY OF ORDINANCE NO. 7�'2 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, amending section 16.12.025, "Access Management", to clarify the application of the guidelines to all functional street classifications, not limited to commercial developments and multi -unit residential developments of more than 100 units; providing for the repeat of conflicting ordinances; providing that all other provisions of Chapter 16.12 not amended shall remain in effect; providing for the severability of the provisions of this ordinance; providing when this ordinance shall be in effect. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. ?t►' 2 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 17 day of A t., I w 2 0 It. Thomas J. Hs, City A&ol%—ey SUMMARY OF ORDINANCE - Page 1 Chubbuck 071316 ord sum acc mgmtwpd