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HomeMy Public PortalAboutOrd. 898 - McCall Area Pathway Master Plan Zoning Code Amendments ORDINANCE NUMBER 898 AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE SECTIONS 3.4.04(B) COMMERCIAL ZONE SPECIAL DEVELOPMENT STANDARDS — SIDEWALKS, CURBS AND GUTTERS, 3.7.032(G) REQUIREMENTS FOR DEVELOPMENT — BIKE PATHS, 3.8.16(B) OTHER REQUIREMENTS — SIDEWALK, CURB AND GUTTER TO ADD IN SUBSECTION B THE SECTION TITLE THE WORDS "AND/OR PATHWAYS" OF TITLE 3; AND 9.3.104(J) STANDARDS SUBSECTIONS 1, 2, 3 AND 4 TO DELETE THE PRESENT SUBSECTION 3 AND TO RENUMBER THE SUBSECTIONS TO 1, 2 AND 3, 9.3.07(B)(C) PEDESTRIAN AND BICYCLE PATHWAYS AND GREENBELTS, AND 9.6.02(K) IMPROVEMENT REQUIREMENTS OF TITLE 9, TO PROVIDE REFERENCES TO THESE SECTIONS TO THE MCCALL AREA PATHWAYS MASTER PLAN. 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, the City of McCall has developed a McCall Area Pathways Master Plan with contributions from various partners and public participation methods; and WHEREAS, the McCall Area Pathways Master Plan (2012) is an update to the McCall Bike Path Master Plan that was adopted in 2006; and 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 McCall City Council adopted the McCall Area Pathways Master Plan on May 10, 2012; and WHEREAS, the proposed code amendments provide references to the McCall Area Pathways Master Plan and replace the reference to the McCall Bike Path Master Plan; 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: Ordinance Number 898:McCall Area Pathway Master Plan Zoning Code Amendments Page 1 of 4 May 10,2012 Section 1: McCall City Code Section 3.4.04: COMMERCIAL ZONE SPECIAL DEVELOPMENT STANDARDS is amended with the following changes: (B) Sidewalks, Curbs And Gutters: Sidewalks, curbs and gutters or pathways according to the McCall Area Pathways Master Plan are required as provided for in title IX of this code. Section 2: McCall City Code 3.7.032: REQUIREMENTS FOR DEVELOPMENT 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 (also see the "McCall Area Bike Pathways Master Plan;2-005") 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. Section 3: McCall City Code Section 3.8.16: OTHER REQUIREMENTS is amended with the following changes: (B) Sidewalk, Curb And Gutter and/or Pathways: Sidewalks or pathways shall be required improvements for projects requiring design review approval in the commercial zones, or other districts where existing sidewalk/pathways adjoins the subject property, or where the commission determines sidewalks/pathways are necessary for public safety or located on the McCall Area Pathways Master Plan. The requirement for sidewalks/pathways may be waived if the cost of the proposed construction is less than twenty thousand dollars ($20,000.00). Sidewalks (and curb and gutter where required) shall meet the standards set forth in the city's improvement standard drawings, as adopted. Section 4: McCall City Code Section 9.3.104: STANDARDS is amended with the following changes: (J) The following criteria for connections shall be met: 1. The applicant shall define a meaningful pedestrian circulation system for each development, which connects to the major trail system, parks, schools, shopping areas and community assets. Subdividers shall install such sidewalks and trails as required by ordinance and according to city standards. No park dedication credit will be given for pedestrian improvements required by ordinance. 2. The applicant shall construct and pave all trails through and abutting their developments identified in the master plan. Such trail improvements shall be undertaken at the same time as other public improvements are installed within the development, (i.e., grading Ordinance Number 898:McCall Area Pathway Master Plan Zoning Code Amendments Page 2 of 4 May 10,2012 with site grading and paving with street or parking lot paving). Deviation from this timing requirement may be allowed only when deemed beneficial for the project. Park dedication credit will be given for trails and pedestrian improvements identified in the McCall Area Pathways Mmaster Pplan. 3. The developer may complete, construct and pave all trails not identified in the master 3. The city may permit easements to be granted by developers for trail corridors identified in the McCall Area Pathways Mmaster Pplan, thereby allowing the developer to include the land area in the determination of setbacks and building density on the site In such cases, park dedication credit will not be given. Section 5: McCall City Code Section 9.3.07: PEDESTRIAN AND BICYCLE PATHWAYS AND GREENBELTS is amended with the following changes: (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. See the McCall bike path McCall Area Pathways Mmaster Pplan. If recommended by the commission, the easement may be shared with easements for city owned utilities. (C) Greenbelts are required along floodplains and permanent streams as indicated on the McCall Area Pathways McCall bike path Mmaster Pplan. The greenbelt area shall be a minimum of twenty five feet (25') wide and fully accessible to the public from interior lots and adjacent public roads or paths. For new developments along the North Fork of the Payette River, a seventy five foot (75') riparian easement shall be dedicated, as measured from the high water mark, upon which no permanent structure shall be built, in order to protect the natural vegetation and prevent river bank erosion. Removal of live vegetation within the riparian easement is prohibited, except for the removal of hazardous trees, approved by the city arborist. Pruning of trees within the riparian easement is permitted to alleviate danger from wildfire. The riparian easement shall be fenced off during any construction on the property. Section 6: McCall City Code Section 9.6.02: IMPROVEMENT REQUIREMENTS is amended to read as follows: (K) Paved Pathways: Paved pathways shall be required where shown on an approved park or path plan (see the McCall Area Pathways McCall bike path Mmaster Pplan) or where deemed necessary by the administrator or commission to provide for safe and convenient access for students and the general public. Pathways shall be designed in accordance with the most current AASHTO guide for the development of bicycle facilities. Bicycle paths shall be a minimum of ten feet (10') of paved surface over six inches (6") of three-fourths inch (3/4") minus compacted gravel, separated from an adjacent street by a minimum of six feet (6'). Reduced width surface and separation will be considered if terrain or other conditions exist Ordinance Number 898:McCall Area Pathway Master Plan Zoning Code Amendments Page 3 of 4 May 10,2012 which could preclude the standard. Signs and bollards to prevent vehicular access shall be installed at path intersection with all streets. Section 7: 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 10 DAY OF MAY, 2012. Approved: By U` SEAL Donald C. Bailey, Mayor Attest: * ���► * .' A &ALd` . %.�. iAL � By _ B es sieJo Water., City Cl `k Ordinance Number 898:McCall Area Pathway Master Plan Zoning Code Amendments Page 4 of 4 May 10,2012 A SUMMARY OF ORDINANCE NO. 898 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 3.4.04(B) COMMERCIAL ZONE SPECIAL DEVELOPMENT STANDARDS — SIDEWALKS, CURBS AND GUTTERS, 3.7.032(G) REQUIREMENTS FOR DEVELOPMENT — BIKE PATHS, 3.8.16(B) OTHER REQUIREMENTS — SIDEWALK, CURB AND GUTTER TO ADD IN SUBSECTION B THE SECTION TITLE THE WORDS "AND/OR PATHWAYS" OF TITLE 3; AND 9.3.104(J) STANDARDS SUBSECTIONS 1, 2, 3 AND 4 TO DELETE THE PRESENT SUBSECTION 3 AND TO RENUMBER THE SUBSECTIONS TO 1, 2 AND 3, 9.3.07(B)(C) PEDESTRIAN AND BICYCLE PATHWAYS AND GREENBELTS, AND 9.6.02(K) IMPROVEMENT REQUIREMENTS OF TITLE 9, TO PROVIDE REFERENCES TO THESE SECTIONS TO THE MCCALL AREA PATHWAYS MASTER PLAN. After the recent adoption of the McCall Area Pathways Master Plan, it became necessary to amend various provisions of existing Zoning and Subdivision Codes, to refer to that Master Plan. This ordinance amends various sections of Title 3 (the Zoning Code) and Title 9 (the Subdivision Code)to make those codes congruent with the McCall Area Pathways Master Plan. This ordinance amends the following sections of McCall City Code: 3.4.04, 3.7.032, 3.8.16; 9.3.104, 9.3.07, and 9.6.02, to provide that the McCall Area Pathways Master Plan (2012) is an update to the McCall Bike Path Master Plan that was adopted in 2005, and that the above sections shall now replace the McCall Bike Path Master Plan and reference the adopted McCall Area Pathways Master Plan as of May 10, 2012. 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 10 DAY OF MAY 2012. ocCA 1, I Approved: * SEAL x 2 ���* By 7 ( I �' D• ald C. Bailey, Mayor ATTEST: t:$s- • 041 L {10•a•• By 4'Al A .. 4ir4I'11L.. BessieJo Wagn. City Cler Ordinance 898Summary May 10,2012 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 2012-898 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 10 day of May, 2012. William F. Nicho s 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. 898 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 10 , 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 11 day of May 2012. OV Me C4 C.) rc`l Ta X. 441111% t 47'746/ •..�` O gessieJo Wagner, City Clerk q Q lL 4 .' ,''',4pg IIUIt1A%�,,.