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
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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.
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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
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Ordinance No. 839
June 9, 2011