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Home My Public Portal AboutOrd. 902 - Scenic Route Procedural Rules Zonding Code AmendmentORDINANCE NUMBER 902 AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE SECTION 3.7.032 SCENIC ROUTE ZONE REQUIREMENTS FOR DEVELOPMENT — PROCEDURAL RULES TO ALIGN THE REVIEW PROCEDURE FOR SCENIC ROUTE APPLICATIONS WITH THE PROCEDURE FOR REVIEW OF DESIGN REVIEW APPLICATIONS; DELETING EXISTING SUBSECTION (I); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an application for approval of code amendments, pursuant to MCC 1-1-3, was submitted by the City of McCall on May 9, 2012; and WHEREAS, development along Scenic Route Zones require submittal of both Scenic Route and Design Review applications; and WHEREAS, City Staff has indentified that the disparity between the application review procedures of the Scenic Route Zone and those of Design Review applications creates unnecessary longer review timelines for the Scenic Route review than the Design Review; and WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and regularly scheduled public hearing on June 5, 2012 to consider these proposed code amendments; and WHEREAS, at its June 5, 2012 meeting the McCall Area Planning and Zoning Commission recommended this proposed Code Amendment for approval by the McCall City Council and Valley County Board of Commissioners; and WHEREAS, the City Council held a properly noticed and regularly scheduled public hearing on July 12, 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 July 12, 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: SCENIC ROUTE ZONE; REQUIREMENTS FOR DEVELOPMENT: is amended with the following changes: 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 to fie c-enim sie 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. of -a -site Ordinance Number 902: Scenic Route Procedural Rules Zoning Code Amendment Page 1 of 4 July 12, 2012 ,et out in subsection (I) of this section. 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'). (D) Setbacks: A11 structures in subdivisions platted after March 16, 2006, are to be set back from the property line not less than seventy five feet (75'), except that where the lot is within any residential zone, commercial zone, airport (AP) zone, business park or industrial zone, the setbacks provided for such zone shall govern instead. The setback requirements for parcels along South Third Street (Highway 55) from Deinhard Lane to the south boundary of the impact area are as follows: 1. Adjacent to, or within, three hundred feet (300') of a street intersection, the setback will be ten feet (10'). 2. Otherwise, the setback will be thirty five feet (35'). (E) 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. (F) 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 Ordinance Number 902: Scenic Route Procedural Rules Zoning Code Amendment July 12, 2012 Page 2 of 4 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 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. (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 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. (H) 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. (I) Procedural Rules: 1 If the construction relates t„ n at nd„strial ea , e boil ing buildings a. ai �v vvaaUu uV�iVi1 iViN�VU 1V lA VV1I1111V1 V1 , � � , withinthe n rport (A P) zone, or e enlarg � 11 •ld ; c-rircirtrorf nrre�rs rnb ct v-cr-rrcvr-er enlarged reside„tinl building fthree tt, anfive e h� (3,500) square feet, or more, {.III hearing bef re the n Ordinance Number 902: Scenic Route Procedural Rules Zoning Code Amendment July 12, 2012 Page 3 of 4 %r the fell a'b Vr Ji te f; ed ,,ati (.rltho �.L.., bu ld + 1, vu uaal� required): (jai Tnt-e fi ,• ed l;,,.. f'., st«,,etu ,,,hielr ,l t ' t +b, + f �...� �......aava avaaaV..vauab Va u Ju uvLuly rr aalval uvc. ilia P eft (b) R"Y""" "' •+•• """'L"`b L, L.aa..aaab `a ulv VULvv uau uYraJuluu eliaftgech (c) Improvements to or maintenance of an existing building or site where these do not siglaaalvuauay 11ilYu o o , ..4, V rarra V , Laa v' vV u11Via 1U a VqLLal Vll L1111V JJ L11V11i 1J ii decision of the commission. (Ord. 864, 2 12 2009) Section 2: Effective Date: That this ordinance shall take effect and be in full force immediately upon its passage, approval, and publication; and upon the adoption of a corresponding ordinance by the Board of Commissioners for Valley County, Idaho, and upon the publication of the same in accordance with Idaho law. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 12 DAY OF JULY, 2012. Attest: %11 -: er, City BessieJo W lerk Approved: Donald C. Bailey, Mayor Ordinance Number 902: Scenic Route Procedural Rules Zoning Code Amendment July 12, 2012 Page 4 of 4 A SUMMARY OF ORDINANCE NO.902 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 SECTION 3.7.032 SCENIC ROUTE ZONE REQUIREMENTS FOR DEVELOPMENT — PROCEDURAL RULES TO ALIGN THE REVIEW PROCEDURE FOR SCENIC ROUTE APPLICATIONS WITH THE PROCEDURE FOR REVIEW OF DESIGN REVIEW APPLICATIONS; DELETING EXISTING SUBSECTION (1); AND PROVIDING AN EFFECTIVE DATE. This ordinance in particular amends section 3.7.032 SCENIC ROUTE ZONE; REQUIREMENTS FOR DEVELOPMENT of the McCall City Code to provide that Scenic Route Zone developments align with the procedures for review and design and shall require the submittal of both a Scenic Route application and a Design Review application, and that the applications include a site plan, for approval; this ordinance also deletes subsection 3.7.032(I) in its entirety of the McCall City Code. 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 12th DAY OF JULY, 2012. ��a op Af`sei c:#4y Approved: .ti B .9t A �'� ATTEST: �� m :00 �1�11��L/ BessieJo gner, C' y Clerk Ordinance 902 Summary July 12, 2012 ald C. Bailey, Mayor ORDINANCE SUMMARY CERTIFICATION Ordinance No. 2012-902 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 12 day of July, 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. 902 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on July 12, 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 16 day of July 2012. r BessieJo agner, Cifitij erk