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Home My Public Portal AboutOrd. 866 - Omnibus Code Amendment - Title 9 - CA-08-06&07 ORDINANCE NUMBER 866 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 9, TO PROVIDE OMNIBUS MINOR UPDATES. WHEREAS, an application for approval of code amendments, pursuant to MCC 1-1-3, was submitted by the City of McCall on September 23, 2008; and WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and regularly scheduled public hearing on November 6, 2008 to consider these proposed code amendments; and WHEREAS, the McCall Area Planning and Zoning Commission recommended these proposed code amendments for approval by the McCall City Council at the November 6, 2008 meeting; and WHEREAS, an additional application for approval code amendments, pursuant to MCC 1-1-3, was submitted by the City of McCall on October 20, 2008; and WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and regularly scheduled public hearing on December 2, 2008 to consider these proposed code amendments; and WHEREAS, the McCall Area Planning and Zoning Commission recommended these proposed code amendments for approval by the McCall City Council at the December 2, 2008 meeting; and WHEREAS, the code amendments would add the R8 zone to the table requiring a Planned Unit Development application, change the subdivision submission requirements, clarify the timing of financial guarantees, provide for greater protection of water courses, and make text updates; and WHEREAS, the City Council held a properly noticed and regularly scheduled public hearing on January 8, 2009 to consider the combined code amendment; and WHEREAS, the combined code amendments were approved by the McCall City Council at a regularly scheduled and properly noticed public meeting on February 12, 2009. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1: McCall City Code Table 9.1.02 is amended with the following changes: Ordinance Number 866:Omnibus Code Amendments Page 1 of 4 February 12,2009 Zone Area (Acres) RR 40 RE 20 R1 5 R4 F 4 R8 4 R16 3 CBD 2 CC 2 NC 2 CV 2 I F 2 Section 2: McCall City Code Section 9.2.06 is amended with the following changes: (A) Submission Of Application; Supplementary Materials: Fifteen T-e* (15+8) copies of the application, primary plat, and supplementary material specified shall be submitted, plus additional copies (specified by the city) as are required for referral to those agencies having jurisdiction or advisory interest over the proposed subdivision. A complete application must be received at least seventy five (75) days prior to the public hearing. Supplementary material shall include: 1. Eleven inch by seventeen inch (11" x 17")reductions. 2. Electronic files of drawings in a format specified by the city. Section 3: McCall City Code Section 9.2.07 is amended with the following changes: eiie of the fellowiiig- the applieant and appr-eved by the eettneil (or-beafd); or- 0 > negefiable bend, iffeveeable beffik lettef of efedit, Of mod, Ordinance Number 866:Omnibus Code Amendments Page 2 of 4 February 12,2009 Financial Guarantees. With respect to financial guarantees, the approval of all final subdivision plats shall be conditioned on the provision of a surely acceptable to the city clerk in the amount of one hundred twen1y five percent 125%) of infrastructure improvements (including landscaping and erosion control) filed in the form of a cash deposit, certified check, irrevocable bank letter of credit, or performance bond at the time of the final plat approval with the required development agreement. Infrastructure construction or site disturbance generally should not begin until the final plat is recorded with the respective development and financial guarantees. If the applicant proposes to perform infrastructure work or site work prior to final plat recordation, then the applicant shall submit a plan for administrative review and approval which includes the following: 1. The nature and scope of the proposed work, 2. The estimated cost of the proposed work, 3. The schedule for commencement and completion of the proposed work, and, 4. The means of financing the proposed work. The Administrator shall review the application and document any additional conditions required to issue the administrative approval for infrastructure improvements. Conditions shall be designed to mitigate the impacts on public interests in the case of the non- completion of the proposed work. Section 4: McCall City Code Section 9.6.02.T is amended with the following changes: (T)Perimeter Fencing: Perimeter fencing is fencing which encloses a property with more than two (2) residential units. Perimeter fencing which surrounds, or substantially surrounds, a residential subdivision shall be primarily constructed of natural materials, such as log poles or split rails. Perimeter fencing for residential developments shall have periodic openings to allow for the movement of larger wild animals, such as deer and elk, and shall be constructed so that the height of the top rail is no more than forty two inches (42") above grade and the minimum gap between the bottom rail and grade is fifteen inches (15"). Perimeter fencing proposed for a residential development is subject to the approval of the commission either as a part of the proposed subdivision or requested via a conditional use permit. Fencing, including gates, enclosing industrial and commercial developments, or units within an industrial zone, shall require a conditional use permit. Perimeter fencing in zones CC, CBD, GG and I is not permitted except as a screen abutting residential properties and when conditionally approved to provide security for hazardous materials or operations. Section 5: McCall City Code Section 9.6.08 is amended with the following changes: LU)Provide protection to all intermittent water courses or streams and wetlands and return any disturbed areas to their original state. Ordinance Number 866:Omnibus Code Amendments Page 3 of 4 February 12,2009 Section 6: McCall City Code Section 9.7.06 is amended with the following changes: All development shall: (A) Be designed to take advantage of natural settings, preserving natural features such as stream side environments, intermittent water courses or streams, wetlands, and vegetation. (B) Have cluster parking where feasible, and minimize the number and width of driveways and access roads to avoid tree removal. (C) Locate parking along sides or in back of commercial or industrial buildings. (D) Have roofing of non-reflective materials and be fire resistant; use of wood shingles of any type is discouraged. (E) Avoid development in wildfire prone areas. Site homes and arrange landscaping in a manner so as to maximize wildfire defensible space and allow access to firefighting equipment and personnel. Section 7: This Ordinance shall take effect immediately upon its passage and approval. PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 12 DAY OF FEBRUARY, 2009. APPROVED BY THE MAYOR OF THE CITY OF McCALL, IDAHO, THIS 12 DAY OF FEBRUARY, 2009. Approved: By BA Kulesza, Mayor Attest: c C A By .t�, .s.�. '3'� BessieJo Wa ner, City erk 'U $ E A L O = $mss�.��Q•ti � �''•i'4LL, Ili!'► Ordinance Number 866:Omnibus Code Amendments Page 4 of 4 February 12,2009 A SUMMARY OF ORDINANCE NO. 866 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, VALLEY AMENDING McCALL CITY CODE TITLE 9, TO PROVIDE UPDATES; AND TO PROVIDE FOR AN EFFECTIVE DATE. This ordinance amends Title 9 of the McCall City Code, Subdivision clarifying, changing, and adding new provisions to the below sections: 9.1.02 TABLE: is amended to add an R8 zone to the Table and designates the area at 4 acres. 9.2.06: is amended to provide that applicants for a preliminary plat must provide 15 copies, instead of the previous 10 copies, of the preliminary plat and supplementary material. COUNTY, IDAHO OMNIBUS MINOR and Development, by 9.2.07: is amended to clarify the form for Financial Guarantees for subdivision improvements, and if such improvements are to be made before the subdivision plat is recorded, the contents for a plan must be administratively reviewed and approved before the work can begin. 9.6.02.T: is amended to provide that perimeter fencing in the Community Commercial, Commercial Business District and Industrial Zones is not permitted, except as a screen abutting residential properties and when conditionally approved to provide security for hazardous materials or operations. 9.6.08: is amended to provide for a new subsection (U) that applicants must provide protection to all intermittent water courses or streams and wetlands and return any disturbed areas to their original state. 9.7.06: is amended to provide that all development must take into account and take advantage of intermittent water courses or streams or wetlands. The Ordinance shall be effective upon its passage, approval and publication as required by 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.mccall.id.us. Ordinance 866 Summary February 26, 2009 Page 1 of 2 APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 26 DAY OF FEBRUARY, 2009. Approved: By Bert Kulesza, Mayor ATTEST: By BessieJo Wagity Clerk Ordinance 866 Summary February 26, 2009 Page 2 of 2 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 866 Certification of City Legal Advisor of the Summary prepared for the above -numbered Ordinance The undersigned City of McCall Legal Advisor, having reviewed the above - numbered Ordinance and the Summary for the above -numbered Ordinance, believes the Summary of the above -numbered Ordinance is true and complete and that it provides adequate notice to the public of the identity and principal provisions of the Ordinance. Dated this day of , 2009. William F. Nichols msgW:\Work\M\McCall, City of 21684\2009 Ordinances & Sum Ord \Attorney Summary Certifications \Attorney Summary Certification Title 9 No 866.doc r.