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HomeMy Public PortalAboutOrd. 899 - Digital Data Submissions Standards Policy Zoning Code AmendmentsORDINANCE NUMBER 899 AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE SECTIONS 3.7.032(G) BIKE PATHS, 3.8.16(C) OTHER REQUIREMENTS, 3.10.09(G)(9) APPLICATION PROCEDURE, 3.13.032(A)(3)(1) APPLICATION FOR CONDITIONAL USE PERMIT, AND 3.13.032(B)(2) APPLICATION FOR CONDITIONAL USE PERMIT TO PROVIDE FOR AN NEW SUBSECTION NUMBER 5 AND TO RENUMBER THE EXISTING SUBSECTIONS 5 AND 6 TO SUBSECTIONS 6 AND 7 OF TITLE 3; TO AMEND SECTIONS 9.1.05(B)(2) SCOPE — RECORD OF SURVEY PROCEDURE, 9.2.07(C)(19)(20) FINAL PLAT, AND 9.3.06(A) EASEMENTS, 9.3.05(F) ALLEYS, 9.3.07(B) PEDESTRIAN AND BICYCLE PATHWAYS AND GREENBELTS, 9.6.02(A) IMPROVEMENT REQUIREMENTS, 9.6.03(4) DRIVEWAYS, RESIDENTIAL, AND 9.6.10 CONSTRUCTION DRAWINGS AND AS BUILT INFORMATION OF TITLE 9; AND 2.2.040(C)(3) ZONING AND SITE DEVELOPMENT OF TITLE 2, TO PROVIDE REFERENCES TO THE DIGITAL DATA SUBMISSION STANDARDS POLICY . WHEREAS, an application for approval of code amendments, pursuant to MCC 1-1-3, was submitted by the City of McCall on March 23, 2012; and WHEREAS, City Staff gave a presentation to the McCall City Council on March 22, 2012 to provide some background information on the Digital Data Submission Standards Policy. WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and regularly scheduled public hearing on April 3, 2012 to consider these proposed code amendments; and WHEREAS, the McCall Area Planning and Zoning Commission recommended this proposed Code Amendment for approval by the McCall City Council at the April 3, 2012 meeting; and WHEREAS, the proposed code amendments provide references to the Digital Data Submission Standards Policy; and WHEREAS, the City Council held a properly noticed and regularly scheduled public hearing on May 10, 2012 to consider the proposed code amendments; and WHEREAS, the code amendments were approved by the McCall City Council at a regularly scheduled and properly noticed public meeting on May 10, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1: McCall City Code Section 3.7.032 is amended with the following changes: G) 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 (see the "McCall Bike Path Master Plan, 2005") to have a Ordinance Number 899: Digital Data Submission Standards Policy Zoning Code Amendments Page 1 of 5 May 24, 2012 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 plan 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. Section 2: McCall City Code 3.8.16: Other Requirements is amended with the following changes: (C) The applicant shall provide the data as required by the Digital Data Submittal Standards Policy if applicable. Section 3: McCall City Code Section 3.10.09 (G): Application Procedure is amended with the following changes: 9. The applicant shall provide the data as required by the Digital Data Submittal Standards Policy. Section 4: McCall City Code Section 3.13.032 (A)(3): Application for Conditional Use Permit is amended with the following changes: (1) Digital data as required by the Digital Data Submittal Standards Policy. Section 5: McCall City Code Section 3.13.032 (B)(2): Application for Conditional Use Permit is amended with the following changes. 5. The applicant shall provide the data as required by the Digital Data Submittal Standards Policy. 5, 6. A statement that no activity will be carried on where the generation of profit is a principal purpose; thus, a camp approved as a conditional use is not permitted to operate a de facto motel or tourist facility; nothing in this subsection is intended to limit a camp in operating a trading post for the sale of snacks, personal use items, uniforms, equipment, and the like, to campers. 6 7. Fees shall be paid by the applicant at the time of filing an application which shall include application/filing fees, publication fees and postage. Fees shall be in accordance with a fee schedule established periodically by the council by resolution. Section 6: McCall City Code Section 9.1.05(B): Scope is amended with the following changes: Ordinance Number 899: Digital Data Submission Standards Policy Zoning Code Amendments Page 2 of 5 May 24, 2012 2. Record Of Survey Procedure: (a) The surveyor or the owner shall apply for approval to proceed under this record of survey procedure. The application shall disclose the name and address of the owner, disclose the property in question, state the alleged purpose of the proposed survey, and either be accompanied by a preliminary survey or a drawing depicting the layout of the proposed survey in the context of the existing lots or tracts to which the survey or the purpose of the survey relates. (For example, if a survey is for the purpose of splitting an intervening lot between adjoiners, the application shall depict the land included in all 3 existing lots showing the new lot line in question, and the configuration of each of the 2 resulting lots.) The depiction may be based on record information, and not newly surveyed, but must be clearly depicted so a proper recordation may be filed and accepted by the county. The Record of Survey shall be tied to two McCall Modified Grid Control Point Network (MMGCPN) control points. Information including bearing, distance and point name shall be provided. Digital data shall be provided according to the Digital Data Submittal Standards Policy. (e) Following commission approval of use of the procedure, the administrator shall notify the surveyor to proceed with the record of survey. Such survey shall be prepared with a signature line for the City Clerk and the following certificate: This record of survey has been reviewed and approved by the City of McCall with respect to its compliance with the Subdivision and Development Ordinance and exemption from formal platting; an individual lot shown on this record of survey shall be considered a single lot for purposes of City ordinances. If this record of survey combines lots shown on a plat or survey of record, the separate sale of such former separate lots will constitute an illegal subdivision under the McCall City Code. (g) Approval Period: The final plat shall be filed with the county recorder by the applicant within eighteen (18) months after written approval by the commission. Otherwise, such approval shall become null and void. Section 7: McCall City Code Section 9.2.07 (C): Final Plat is amended to read as follows: 19. Plat boundary shall be tied to two McCall Modified Grid Control Point Network (MMGCPN) control points. Information including bearing, distance and point name shall be provided. 20. Digital data shall be provided according to the Digital Data Submittal Standards Policy. Section 8: McCall City Code 9.3.06: Easements is amended to read as follows: (A) Easements shall be provided for utilities inside the front lot line with a minimum width of twelve feet (12'), subject to the right of access, and elsewhere as and where considered necessary by the utility providers and approved by the council. Digital data shall be provided according to the Digital Data Submittal Standards Policy. Ordinance Number 899: Digital Data Submission Standards Policy Zoning Code Amendments Page 3 of 5 May 24, 2012 Section 9: McCall City Code 9.3.05: Alleys is amended to read as follows: (F) Where alleys are not provided, easements of not less than ten feet (10') in width may be required on each side of all rear and/or side lot lines (total width equals 20 feet) where necessary for wires, conduits, storm or sanitary sewers, gas and water lines. Easements of greater width may be required along lot lines, across lots, or along boundaries, where necessary for surface drainage or for the extension of utilities. Digital data shall be provided according to the Digital Data Submittal Standards Policy. Section 10: McCall City Code 9.3.07: Pedestrian and Bicycle Pathways and Greenbelts is amended to read as follows: (B) Pedestrian and bicycle paths, where identified on an adopted plan or when required to ensure public transportation and circulation, shall be within dedicated easements, fifteen foot (15') minimum width, and shall be constructed in accordance with the standards and specifications adopted by the city. Digital data for easements shall be provided according to the Digital Data Submittal Standards Policy. See the McCall bike path master plan. If recommended by the commission, the easement may be shared with easements for city owned utilities. Section 11: McCall City Code 9.6.02(A): Improvement Requirements is amended to read as follows: Design Plans: Design plans for street construction and subdivision drainage shall be submitted to and approved by the city prior to construction. Subgrade construction must be aproved before placing subbase course and subbase course approved before placing base course-. Digital data shall be provided according to the Digital Data Submittal Standards Policy. Section 12: McCall City Code 9.6.03: Driveways, Residential is amended to read as follows: 4. Access easements (for the benefit of affected properties) must be a condition of land use or development approval and should be recorded for all shared driveways. Digital data for easements shall be provided according to the Digital Data Submittal Standards Policy. Section 13: McCall City Code 9.6.10: Construction Drawings and As Built Information is amended to read as follows: Such drawings shall take the form of regular construction drawings at one hundred (100) scale with detail at ten (10) scale. In addition, a digital file according to the Digital Data Submittal Standards Policy, written to an appropriate media, in AutoCAD® compatible format (or other electronic format specified by the city) containing all drawing information, shall accompany the drawings. The warranty period for utilities, streets and other improvements shall not begin until as builts are delivered and acknowledged by the city. Section 14: McCall City Code 2.2.040(C): Zoning And Site Development is amended to read as follows: Ordinance Number 899: Digital Data Submission Standards Policy Zoning Code Amendments Page 4 of 5 May 24, 2012 3. If a survey is required, digital data shall be provided according to the Digital Data Submittal Standards Policy. This Ordinance shall take effect immediately upon its passage and approval. PASSED AND APPROVED BY THE MAYOR AND THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 24 DAY OF MAY, 2012. Attest: By BessieJo Wagn 00,0 .04, orte Mcc4 1 * BgA� oo t11'a't !+� Approved: / �fd BY Do d C. Bailey, Mayor O ;_ i ity Cler Ordinance Number 899: Digital Data Submission Standards Policy Zoning Code Amendments Page 5 of 5 May 24, 2012 A SUMMARY OF ORDINANCE NO.899 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE SECTIONS 3.7.032(G) BIKE PATHS, 3.8.16(C) OTHER REQUIREMENTS, 3.10.09(G)(9) APPLICATION PROCEDURE, 3.13.032(A)(3)(1) APPLICATION FOR CONDITIONAL USE PERMIT, AND 3.13.032(B)(2) APPLICATION FOR CONDITIONAL USE PERMIT TO PROVIDE FOR A NEW SUBSECTION NUMBER 5 AND TO RENUMBER THE EXISTING SUBSECTIONS 5 AND 6 TO SUBSECTIONS 6 AND 7 OF TITLE 3; TO AMEND SECTIONS 9.1.05(B)(2) SCOPE — RECORD OF SURVEY PROCEDURE, 9.2.07(C)(19)(20) FINAL PLAT, AND 9.3.06(A) EASEMENTS, 9.3.05(F) ALLEYS, 9.3.07(B) PEDESTRIAN AND BICYCLE PATHWAYS AND GREENBELTS, 9.6.02(A) IMPROVEMENT REQUIREMENTS, 9.6.03(4) DRIVEWAYS, RESIDENTIAL, AND 9.6.10 CONSTRUCTION DRAWINGS AND AS BUILT INFORMATION OF TITLE 9; AND 2.2.040(C)(3) ZONING AND SITE DEVELOPMENT OF TITLE 2, TO PROVIDE REFERENCES TO THE DIGITAL DATA SUBMISSION STANDARDS POLICY . The City of McCall recently adopted a Digital Data Submission Standards Policy which regulates how digital data related to land use applications, records of survey and subdivisions is submitted to the City. This ordinance amends various sections of Title 3 (the Zoning Code) and Title 9 (the Subdivision Code), in order to fully implement the Digital Data Submission Standards Policy. This ordinance amends the following sections of McCall City Code: 3.7.032(G), 3.8.16(C), 3.10.09(G)(9), 3.13.032(A)(3)(1), 3.13.032(B)(2) and to provide for a new subsection number 5 and to renumber the existing subsections 5 and 6 to subsections 6 and 7 of Title 3; 9.1.05(B)(2), 9.2.07(C)(19)(20), 9.3.06(A), 9.3.05(F), 9.3.07(B), 9.6.02(A), 9.6.03(4), 9.6.10 and 2.2.040(C)(3) to provide for references to the Digital Data Submission Standards Policy. This ordinance is effective immediately after its passage 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. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 24 DAY OF MAY 2012. Approved: Donald C. Bailey, Mayor ATTEST: Bessie o Wagner, its lerk Ordinance 899 Summary May 24, 2012 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 2012-899 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 24 day of May, 2012. William F. Nichols City of McCall Certificate of Recording Officer STATE OF IDAHO } } 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. 899 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on May 24, 2012 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 May 2012. • 4 per........_... 0. ;�' • mod: _ * SEAL ; I •" * BessieJo Wagner, City Clerk � �: ''' `'� o ; ,,-itnni nD �l-