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HomeMy Public PortalAboutOrd. 839 - Zoning AmendmentJune 22, 2007 Instrument # 360886 VALLEY COUNTY, CASCADE, IDAHO 6-13-2011 04:43:31 No. of Pages: 5 Recorded for : CITY OF MCCALL ARCHIE N. BANBURY Fee: 0.00 Ex-OffIcb Recorder Deputy Index to:ORORNNCES ORDINANCE NUMBER 839 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, AMENDING THE ZONING DESIGNATION FOR CERTAIN REAL PROPERTY IN MCCALL VALLEY COUNTY, FROM RESIDENTIAL R-4, LOW DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT TO CV, CIVIC USE DISTRICT; 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 a public zone to be known as the civic use zone intended to provide for governmental offices and other civic facilities to include governmental, cultural and recreational facilities; and WHEREAS, McCall City Code land use table 3.6.02 specifically identifies hospital or clinic as an administratively approved use within the civic use zone; and WHEREAS, the administrator has administratively approved a hospital use in that zone and provided the property is rezoned for that purpose; and WHEREAS, the civic use zone is generally in conformance with the future land use map designations of the McCall Comprehensive Plan; and WHEREAS, the McCall Planning and Zoning Commission, in accordance with public notice procedure, held a properly posted and noticed public hearing on June 5, 2007 for purposes of hearing this zoning map amendment request. At that time, the Commission heard testimony on the proposed zoning map amendment, constructed findings of fact and conclusions of law as required by law, and recommended to the McCall City Council that the requested zoning be approved; and; WHEREAS, the McCall City Council, pursuant to public notice as required by law, held a public hearing on July 12, 2007 on the proposed zoning map amendment, made findings of fact and conclusions of law as required by law, and approved the rezone request because of a finding that Page 1 of 5 Ordinance No. 839 June 9, 2011 the rezone request is generally in accordance with the policies of the McCall Comprehensive Plan and in the best interests of the citizens of the City of McCall. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1: The McCall City Council, upon request for an Amendment to the Zoning Map pursuant to Idaho Code § 67-6511 and McCall City Code Title 3 Chapter 6, and pursuant to the notice and hearing procedures of Idaho Code § 67-6509 and McCall City Code Title 3 Chapter 15, have determined that the real property contained within the description in Exhibit "A" shall be rezoned from the previous Zone R-4, Low Density Single -Family Residential Zone to the Zone CV, Civic Use Zone. Section 2: The McCall Planning and Zoning Commission gave a favorable recommendation for the Zone CV, Civic Use zoning designation after public hearing in accordance with Idaho Code § 67-6509 and McCall City Code Title 3 Chapter 6. Section 3: In furtherance of this Zone CV, Civic Use zoning designation, the owner of the property described in Exhibit "A" shall enter into a Development Agreement with the City of McCall to ensure that the recommendations of the City of McCall Planning and Zoning Commission and the McCall Area Comprehensive Plan are satisfied. Section 4: The zoning map of the City of McCall Planning Jurisdiction is hereby amended to reflect the above -described change, and the Planning Manager is instructed to endorse the zoning map accordingly and with the number and effective date of this Ordinance. Section 5: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and declare that the rezone of the Forest Street Professional Condominiums (hospital campus) does not require an amendment to the Comprehensive Plan. Section 6: The real property, all located within the City of McCall and particularly described in Exhibit "A" is hereby rezoned from Zone R-4, Low Density Single -Family Residential district to the Zone CV, Civic Use district, from and after the effective date of this ordinance. Section 7: The zoning classification for the property described in Exhibit "A" is hereby established as the CV, Civic Use Zone, as provided in the Zoning Ordinance of the City Title 3, Chapter 6. Section 8: This Ordinance shall take effect immediately upon its passage and approval. Section 9: This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Page 2 of 5 Ordinance No. 839 June 9, 2011 PASSED AND APPROVED this 9 day of June, 2011 CITY OF McCALL 7 t onald C. Bailey, Mayor ATTEST: BessieJo W."_ner, City erk Ordinance No. 839 June 9, 2011 Page 3 of 5 STATE OF IDAHO, ) (ss. County of Valley. ) On this /8 day of ':;?:�-G , 2011, before me, 09-i6d'a(-..n - , a Notary Public in and for said State, personally appeared Donald C. Bailey, known or identified to me to be the Mayor of the City of McCall that executed the said instrument, and acknowledged to me that said municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. sgRA ,q/ NO�`9,P ti ���•,Z=. NOTARY PUBLIC a A •% f- s C • STATE OF IDAHO, ) (ss. County of Valley. ) On this f3 day of l My Commission Expires: , 2011, before me, e-�C‘,� , a Notary Public in and for said Sate, personally appeared BessieJo Wagner, known or identified to me to be the Clerk of the City of McCall that executed the said instrument, and acknowledged to me that said municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. NOTARY PUBLI My Commission Expires: Ordinance No. 839 June 9, 2011 Page 4 of 5 EXHIBIT A McCall Memorial Hospital and MHHODD, LLC, the owner of the property described below: Part of Lots 4 and 5, Block G, Brundage Subdivision, Valley County, Idaho Page 5 of 5 Ordinance No. 839 June 9, 2011