HomeMy Public PortalAboutOrd. 886 - Hospital Rezone from R4 to CV-CivicORDINANCE NUMBER 886
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO
REZONING CERTAIN REAL PROPERTY IN THE CITY OF MCCALL, VALLEY
COUNTY, FROM R4 LOW -DENSITY RESIDENTIAL TO CV -CIVIC; PROVIDING
FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of McCall, Valley County, Idaho, is a municipal corporation duly
organized and operating under the laws of the State of Idaho and is authorized under the
provisions of 67-6511, Idaho Code, to establish within its jurisdiction one or more zones or
zoning districts where appropriate; and
WHEREAS, City Code of McCall Title 3.13.05 provides the methods by which amendments to
the zoning map may be initiated by the McCall City Council or the McCall Planning and Zoning
Commission; and
WHEREAS, on March 16, 2006, the McCall City Council created an R4 zone intended to permit
the development of low -density single-family residential neighborhoods consisting of larger
home sites and a maximum density of four (4) units per acre; and
WHEREAS, on March 16, 2006, the McCall City Council created a CV zone intended to provide
for governmental offices and other civic facilities; and
WHEREAS, the McCall Memorial Hospital has requested that its property currently zoned R4 be
rezoned to CV for purpose of bringing the property's zoning into conformance with its
developed use as a parking lot; and
WHEREAS, the CV zone is generally in conformity with the McCall Comprehensive Plan; and
WHEREAS, the McCall Planning and Zoning Commission, in accordance with public notice
procedure, held a public hearing on February 2, 2010 for purposes of hearing this zoning map
amendment request. At that time, the Commission heard testimony on the proposed zoning map
amendment portion of the land use application, made findings of fact and conclusions of law as
required by law, and recommended to the McCall City Council that the requested zoning be
approved, subject to conditions of approval; and
WHEREAS, the McCall City Council held a public hearing on March 25, 2010 on the proposed
zoning map amendment, made findings of fact and conclusions of law as required by law, and
approved the rezone request, finding that the rezone request is generally in accord with the
policies of the McCall Comprehensive Plan and in the best interests of the citizens of the City of
McCall.
WHEREAS, the McCall City Council held an additional public hearing on March 24, 2011 to
consider the application with a slightly revised development agreement, made findings of fact
and conclusions of law and approved the rezone request and associated development agreement.
Ordinance No. 886 Page 1 of 4
March 24, 2011
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO, AS FOLLOWS:
Section 1: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and
declare that the rezone of the certain real property, described in Exhibit A, does not require an
amendment to the Comprehensive Plan.
Section 2: The real property, all located within the City of McCall and particularly described in
Exhibit A is hereby rezoned from R4 to CV, from and after the effective date of this ordinance.
Section 3: The zoning classification for the property described in Section 2 above is hereby
established as the CV Zone as provided in the Zoning Ordinance of the City Title 3, Chapter 6.
Section 4: This Ordinance shall take effect immediately upon its passage and approval, and
publication as required by law.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 24 DAY OF MARCH, 2011.
Attest:
By
Approved:
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BessieJo W, City
Ordinance No. 886
March 24, 2011
onald C. Bailey, Mayor
Page 2 of 4
EXHIBIT A
LEGAL PROPERTY DESCRIPTION
204 Forest Street
West 55 feet of Lot 2, Brundage Subdivision, Block B
Ordinance No. 886 Page 3 of 4
March 24, 2011
EXHIBIT B
REZONING MAPS
Ordinance No. 886
March 24, 2011
Page 4 of 4
City of McCall
Certificate of Recording Officer
STATE OF IDAHO }
i
County of Valley }
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do
hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct
journal of the proceedings of the Council of the City of McCall, Idaho, and that I am
statutory custodian of all laws, ordinances and resolutions of said City.
2. That the attached Ordinance No. 886 is a true and correct copy of an ordinance passed
at a regular meeting of the Council of the City of McCall held on March 24, 2011 and
duly recorded in my office; and
3. That said regular meeting was duly convened and held in all respects in accordance
with law and to the extent required by law, due and proper notice of such meeting and
that a legally sufficient number of members of the Council voted in the proper
manner and for the passage of said ordinance; and that all other requirements and
proceedings incident to the proper adoption and passage of said ordinance have been
duly fulfilled, carried out and observed; and that I am authorized to execute this
certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of McCall, Idaho this 25 day of March, 2011.
,/
BessieJo Wainer, City erk
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Carol J. Wright, being duly sworn and say, I am the receptionist of
The Star -News, a weekly newspaper published at McCall, in the County of Val-
ley, State of Idaho; that said newspaper is in general circulation in the county
of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of
which is enclosed hereto and is a part hereof, was published in said newspaper
once a week for a period of one week in the regular and entire issue of every
number there of during the period of time of publication, and was published in
the newspaper proper and not in a supplement; and that publication of such
notice began April 21, 2011 and ended April 21, 2011.
Subscribed and sV4ofn beforee this the 21 st day of April, 2011.
STATE OF IDAHO
COUNTY OF VALLEY •
On this 21 st day of April, in the year of 2011, before me, a Notary
Public, personally appeared Carol J. Wright, known or identified to me to be the
person whose name subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true, and acknowledged to
me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/12
A SUMMARY OF ORDINANCE NO.886
PASSED BY THE CITY OF McCALL, IDAHO
ORDINANCE NUMBER 886
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO REZONING
CERTAIN REAL PROPERTY IN THE CITY OF MCCALL, VALLEY COUNTY, FROM R4
LOW -DENSITY RESIDENTIAL TO CV -CIVIC; PROVIDING FOR RELATED MATTERS; AND
PROVIDING AN EFFECTIVE DATE.
This ordinance rezones property owned by the McCall Memorial Hospital from R4 Low Density
Residential to CV -Civic according to Title 2, Chapter 6, McCall City Code. The purpose of the
ordinance is to conform the current use to the zone that most appropriately reflects that use. The CV
zone was not available until 2006. The property is generally located at 204 Forest Street, McCall,
Idaho and is more particularly described as follows:
Land in the City of McCall, Valley County, Idaho:
West 55 feet of Lot 2, Brundage Subdivision, Block B
The ordinance is effective upon its passage and publication as provided by Idaho law.
The full text of the Ordinance is available for review at City Hall and will be provided by the
City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mc-
call.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 14 DAY OF
APRIL,2011.
Approved: By: Donald C. Bailey, Mayor
ATTEST: By: BessieJo Wagner, City Clerk. 1 tc4/21
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