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HomeMy Public PortalAboutOrd. 1001 Amending Requirements for Development ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING SECTION 3.7.032, REQUIREMENTS FOR DEVELOPMENT, (I), LANDSCAPING, OF THE McCALL CITY CODE TO AMEND THE NUMBER OF NATIVE SHRUBS FROM 5 TO 3 EACH TEN FEET OF LINEAR STREET FRONTAGE ALONG THE SCENIC ROUTE,THEIR LOCATION AND ARRANGEMENT, AND TO PROVIDE THAT THE ADMINISTRATOR SHALL RECOMMEND RESOLUTION OF CONFLICTS IN THE USE OF SNOW STORAGE OR UTILITY EASEMENTS. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO: Section 1: that Section 3.7.032(I) of the McCall City Code is hereby AMENDED as follows, to-wit: See Exhibit"A"attached hereto and,by this reference,incorporated herein as if set forth in full. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 13 DAY OF MAY 2021. Approved: OV CJ Robert S. files, Mayor Attest: s� y"� 0 By t tp BessieJo Wa er, City C rk Page 1 of 4 Ord. 1001 Title 3 Scenic Route Zones May 13,2021 EXHIBIT "A" 3.7.032: REQUIREMENTS FOR DEVELOPMENT: Prior to the issuance of a building permit, and prior to any clearing,grubbing,excavation,or other construction(including removal of any existing structures or improvements),the owner shall apply for scenic route and design review approval in accordance with the procedure outlined in chapter 16 of this title,which application shall include a site plan as set forth in section 3.8.21 of this title. A building permit shall neither be issued, nor any such work or construction undertaken, until approval of the site plan and design approval of proposed structures. (A) Materials Provided By Applicant: The applicant shall furnish graphic or pictorial material sufficient to indicate the nature of any proposed development or improvement to include signing and landscaping, and an indication of obscured views, if any. (B) Commission Determination: The commission shall ascertain whether the proposed development, improvement or use will: 1. Block or disrupt the visibility of significant views or features. 2. Be compatible (in terms of setback, bulk, height, design, finish materials, signing and landscaping)with its immediate surroundings and the desired visual quality of the scenic route. (C) Structure Height: The maximum height for any structure is thirty five feet(35% except for structures containing deed restricted local housing, created by the density bonus provision set forth in Section 3.8.21, where the maximum height may be 50' if setback 75' from the right-of-way. (D) Timber Harvesting: The existing forest in the McCall area is considered a public resource, important to the character of the planning jurisdiction and its tourist economy. Prior to the issuance of a relevant building permit, the harvesting of timber shall be limited to dead, dying or damaged trees. Slash shall not be accumulated or piled within view of the roadway. Following issuance of a relevant building permit, tree removal is additionally permitted within the area of the building footprint, other structures, driveways, and other improvements, and in accord with section 3.8.04, "Fire Hazard Mitigation Standards", of this title.Development of the lot should endeavor to preserve standing,healthy trees outside the area occupied by improvements; lawn not being considered an improvement for these purposes. Landscaping shall replace trees harvested or removed. (E) Access Roads: 1. Access roads in subdivisions and resubdivisions platted after March 16,2006,will be kept to a minimum. Every subdivision platted after March 16, 2006, shall provide an interior roadway providing access to each lot, which interior roadway shall connect to the scenic route at a single point of access, as is the case with Lucks Point Subdivision, for example, except as the fire chief may require an additional access. The intersections of any two (2) access roads with the scenic route in the impact area and any portion of the planning jurisdiction that was in the impact area on Page 2 of 4 Ord. 1001 Title 3 Scenic Route Zones May 13,2021 March 16, 2006, shall be no closer than one thousand feet (1,000')to each other. Where the entire frontage of a parcel on the scenic route on March 16, 2006, is less than one thousand feet(1,000') from the intersection of its side boundaries with the right of way,and if an agreement with adjacent property owners for a common property line point of access is not reached after bona fide effort, that shorter distance between intersections is permitted which is consistent with a minimization of points of access. Direct driveway access shall be discouraged to the scenic route in the impact area. 2. Inside the city limits within existing subdivisions where individual lots with scenic route right of way as a lot boundary cannot obtain access to the public road from a road interior to the subdivision, direct access onto the scenic route may be allowed; provided, that the driveway distances in the applicable zone shall apply. In such cases, common driveways on common lot lines, thus two (2) driveway accesses per four(4) lots,may be required. (E) Bike Paths: Some or all of the routes listed in section 3.7.031 of this chapter are designated by the parks and recreation master plan(also see the "McCall area pathways master plan") to have a bike path, walkway or other recreational routing alongside, or as a part of the scenic route. Where such designation exists,the commission shall assist in the effectuation of the master plans by the exaction of recreational easements or dedication of additional right of way or other techniques to ensure a continuous route for such uses. In all cases,the city must show that such exaction is roughly proportional to the impacts of the development and that the conditions for implementing portions of the bike paths are to be based upon an individualized determination for each development that the conditions are related to both the nature and extent of such impacts. Digital data for easements shall be provided according to the digital data submittal standards policy. (F) For Sale:Along the scenic route,vehicles and other personal property shall not be displayed for sale outside of a building unless the occupant of the property is an authorized dealer of merchandise that is consistent with the primary business and has obtained approval from the administrator. The owner or occupant of property along the scenic route may display his or her own vehicle or other personal property for sale on his or her own premises. (G) Building Clustering: Building clustering shall be encouraged to provide more efficiency and cohesion in design, reducing the number of access points, and reserving the natural landforms, vegetation and open space. (H) Landscaping: In addition to the requirements set forth in section 3.8.13 LANDSCAPING, SCREENING AND BUFFERING, development within the Scenic Route Zones shall provide the following landscaping: 1. One (1) native tree including evergreen and deciduous and five-(5) three 3 native shrubs per one hundred ( 00) square feet of required street Seth ek. each ten feet of the linear street frontage along the Scenic Route. Not less than fifty percent (50%) shall be evergreen trees. 2. The leeat ^n and affangement of the required landscaping shall be grouped within two thara-area. located with a twenty-five feet(251 setback from the scenic route. Landscaping shall Page 3 of 4 Ord. 1001 Title 3 Scenic Route Zones May 13,2021 be arranged within groups or clustered allowing spacing for natural maturity. Linear designed landscaping is not acceptable. 3. If conflicts arise between this section and section 3.8.04 FIRE MITIGATION STANDARDS, or in the use of any snow storage or utility easements, a recommended resolution will be the responsibility of the MeCall Fire n.-„te Lion Dist-it of the Administrator. Page 4 of 4 Ord. 1001 Title 3 Scenic Route Zones May 13,2021 A SUMMARY OF ORDINANCE NO. 1001 PASSED BY THE CITY OF MCCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING SECTION 3.7.032, REQUIREMENTS FOR DEVELOPMENT, (I), LANDSCAPING, OF THE McCALL CITY CODE TO AMEND THE NUMBER OF NATIVE SHRUBS FROM 5 TO 3 EACH TEN FEET OF LINEAR STREET FRONTAGE ALONG THE SCENIC ROUTE,THEIR LOCATION AND ARRANGEMENT, AND TO PROVIDE THAT THE ADMINISTRATOR SHALL RECOMMEND RESOLUTION OF CONFLICTS IN THE USE OF SNOW STORAGE OR UTILITY EASEMENTS. The principal provisions of the Ordinance: • Amend the number of native shrubs from 5 per 100 square feet of required street setback to 3 per each 10' of linear street frontage along the Scenic Route • Provide that the required landscaping shall be located with a 25' setback from the scenic route and arranged so as to allow natural maturity • Provide that a recommendation for resolution of a conflict in the use of any snow storage or utility easements will be the responsibility of the Administrator The Ordinance shall take effect upon its passage, approval, and publication according to 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. APPROVED BY THE COUNCIL OF THE CITY OF McCall, IDAHO, THIS 13 DAY OF MAY 2021. Approved: ��. Cq l,� B Y - * b' r 9 i Robert Giles, Mayor �r O ATTEST: t. IIDu�'a By BessieJo Wa4her, City Cl irk Ordinance 1001 Summary May 13,2021 Publisher’s Affidavit of Publication STATE OF IDAHO County of Valley }.ss } I, Tricia Warren, being duly sworn and say, I am the office manager 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 May 20, 2021 and ended May 20, 2021. _______________________________________ Subscribed and sworn before me this the 20th day of May, 2021. STATE OF IDAHO COUNTY OF VALLEY On this 20th day of May in the year of 2021, before me, a Notary Public, personally appeared Tricia Warren, 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 1/19/2024 A SUMMARY OF ORDINANCE NO. 1001PASSED BY THE CITY OF MCCALL, IDAHOAN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING SECTION 3.7.032, RE-QUIREMENTS FOR DEVELOPMENT, (I), LANDSCAPING, OF THE McCALL CITY CODE TO AMEND THE NUMBER OF NA-TIVE SHRUBS FROM 5 TO 3 EACH TEN FEET OF LINEAR STREET FRONTAGE ALONG THE SCENIC ROUTE, THEIR LOCATION AND ARRANGEMENT, AND TO PROVIDE THAT THE ADMINISTRA-TOR SHALL RECOMMEND RESOLU-TION OF CONFLICTS IN THE USE OF SNOW STORAGE OR UTILITY EASE-MENTS.The principal provisions of the Ordi-nance:• Amend the number of native shrubs from 5 per 100 square feet of required street setback to 3 per each 10’ of linear street front-age along the Scenic Route• Provide that the required landscaping shall be located with a 25’ setback from the scenic route and arranged so as to allow natu-ral maturity• Provide that a recommendation for res-olution of a conflict in the use of any snow storage or utility easements will be the re-sponsibility of the AdministratorThe Ordinance shall take effect upon its passage, approval, and publication according to 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 per-sonal request, or can be viewed on the City website at www.mccall.id.us.APPROVED BY THE COUNCIL OF THE CITY OF McCall, IDAHO, THIS 13 DAY OF MAY 2021.Approved:By, Robert Giles, MayorATTEST:By BessieJo Wagner,City Clerk1tc5/20 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 1001 Certification of City Legal Advisor of the Summary prepared for the above-numbered Ordinance I, William F. Nichols, City Attorney for the city of McCall, Idaho, hereby declare and certify that in my capacity as City Attorney of the city of McCall, pursuant to Idaho Code Section 50-901A(3) of the Idaho Code as amended, I have reviewed a copy of the above Summary of Ordinance, have found the same to be true and complete, and said Summary of Ordinance provides adequate notice to the public of the contents, including the exhibits, of Ordinance No. 1001. DATED this 13th day of May 2021. __________________________________________ William F. Nichols, City Attorney McCall, Idaho DocuSign Envelope ID: F18ADED3-16C8-4B0D-AA24-AF3CBADF996B A SUMMARY OF ORDINANCE NO. 1001 PASSED BY THE CITY OF MCCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING SECTION 3.7.032, REQUIREMENTS FOR DEVELOPMENT, (I), LANDSCAPING, OF THE McCALL CITY CODE TO AMEND THE NUMBER OF NATIVE SHRUBS FROM 5 TO 3 EACH TEN FEET OF LINEAR STREET FRONTAGE ALONG THE SCENIC ROUTE,THEIR LOCATION AND ARRANGEMENT, AND TO PROVIDE THAT THE ADMINISTRATOR SHALL RECOMMEND RESOLUTION OF CONFLICTS IN THE USE OF SNOW STORAGE OR UTILITY EASEMENTS. The principal provisions of the Ordinance: Amend the number of native shrubs from 5 per 100 square feet of required street setback to 3 per each 10' of linear street frontage along the Scenic Route Provide that the required landscaping shall be located with a 25' setback from the scenic route and arranged so as to allow natural maturity Provide that a recommendation for resolution of a conflict in the use of any snow storage or utility easements will be the responsibility of the Administrator The Ordinance shall take effect upon its passage, approval, and publication according to 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. APPROVED BY THE COUNCIL OF THE CITY OF McCall, IDAHO, THIS 13 DAY OF MAY 2021. Approved: Cq l, B Y b' r 9 i Robert Giles, Mayor r O ATTEST: t. IIDu'a By BessieJo Wa4her, City Cl irk Ordinance 1001 Summary May 13,2021 DocuSign Envelope ID: F18ADED3-16C8-4B0D-AA24-AF3CBADF996B