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HomeMy Public PortalAbout2023.01.19 Special Meeting MinutesMINUTES McCall City Council Special Meeting McCall City Hall -- Legion Hall VIA TEAMS Virtual January 19, 2023 Call to Order and Roll Call Work Session Adjournment CALL TO ORDER AND ROLL CALL 1 Mayor Giles called the special meeting of the McCall City Council to order at 6:03 p.m. Mayor Giles, Council Member Maciaszek, Council Member Nelson, Council Member Nielsen, and Council Member Thrower all answered roll call. Valley County Commissioners Elt Hasbrouck, Sherry Maupin, and Neal Thompson all answer roll call. Staff introductions City staff members present were Anette Spickard, City Manager; Bill Punkoney, City Attorney; Sarah Porter, Deputy Clerk; Michelle Groenevelt, Community and Economic Development Director; Brian Parker, City Planner; Vlatko Jovanov, Network Administrator; Meredith Todd, Assistant City Planner; Emily Hart, Airport Manager; Erin Greaves, Communications Manager, Rachel Santiago-Govier, Building Permit Technician. Also, in attendance were McCall Area Planning and Zoning Commissioners Christina Nemec, Tony Moss, Tom Milfieth, Robert Lyons, and Liz Rock. Brian Oakey, Valley County Deputy Attorney; Cinda Herrick, Valley County Planning and Zoning Director; Diane Kushlan, meeting facilitator. WORK SESSION 1 Facilitator Diane Kushlan presented to McCall City Council, Valley County Commissioners, and McCall Area Planning and Zoning Commission. Ms. Kushlan gave a background on areas of impact state law, the history of the McCall Area of Impact, as well as what has been working, what has not been working, and what needs to be fixed. Through discussion the McCall Area perspective of the Area of Impact, the Valley County perspective of the Area of Impact, and how to move forward together were also reviewed. The purpose of planning includes property rights, public services, and facilities, promoting development within cities, and providing predictability for citizens. Additionally, planning helps to prevent urban sprawl, anticipate future needs of development and infrastructure, and give a greater voice to citizens who live on the fringe of the area of impact (AOI). MCCALL CITY COUNCIL January 19, 2023 Regular Meeting Page 1 of 7 Idaho Statue 67-6526 Areas of City Impact (AOI) require negotiation of an Area of Impact, plans that will govern the impact area, an AOI review every ten (10) years, an adopted map of the AOI and an Ordinance for planning and regulations. An AOI map defines City impact with consideration to trade areas - the area from which businesses or a City draws its customers, an area where residents use City facilities and services; geographic boundaries and future annexations between ten (10) and Twenty (20) years, where urban services are planned, development trends, planned land uses and avoiding the creation of islands of impact area surrounded by City limits. Many cities rely on special districts which can present an issue in planning. There are three (3) options for adopting plans and ordinances that govern the AOI and guide growth and development within the AOI. The City Comprehensive Plan and Ordinances, The County Comprehensive Plan and Ordinances, or any other combinations. Whatever plans and ordinances are adopted for the AOI are the County's plans and ordinances. Ms. Kushlan reviewed the Joint Planning and Zoning Commission State Statutes noting the option for two separate commissions or one joint commission as in place in McCall at this time. Additionally, Ms. Kushlan reviewed annexation classes and how they affect the AOI. The same map, plans, and regulations within the AOI have been adopted by both the County and the City since 1977. The plans and ordinances for the AOI have been administered by the McCall Area Planning and Zoning Commission since 1980. City of McCall Community and Economic Development Director Michelle Groenevelt reviewed the McCall Area Comprehensive Plan noting that the plan is the planning document for both the City and the County for the AOI. The Comprehensive Plan is a community vision that was created through public outreach for two (2) years before finalizing and adopting the plan. Citizens who participated in the plan creation included year-round residents, second homeowners, and visitors. Both the City and the County have received an award for the public input process of the plan. The comprehensive plan is not a legally binding document but is a guide and tool to formulate the Ordinances to govern the area the plan covers, including the AOI. The Comprehensive Plan includes a future land use plan map to guide future land use as the area grows and changes. The plan was adopted by both the City and the County in 2018. Director Groenevelt reviewed how the McCall City Staff administers the AOI regulations on behalf of the County. Administration includes reviewing applications, meeting with the property owners, builders and developers, staffing the McCall Area Planning and Zoning Commission, coordinating joint meetings with the County, preparing code amendments and ordinances as necessary, and implementing software for the permitting processes. Additionally noted was the importance of having alignment between the City and County before moving forward with any major policy changes that will affect the AOI. Director Groenevelt also reviewed the planning process and how applications are overseen depending on what the application is and the location of the land. Applications for Conditional Use Permits (CUP), Subdivisions (SUB), Planned Unit Developments (PUD), Zoning (ZON), and Variances (VAR) all follow the same process: 1. Preliminary development plan review by the McCall Area Planning and Zoning Commission 2. The applicant conducts a neighborhood meeting. 3. City staff review the application submitted after the neighborhood meeting. 4. McCall Area Planning and Zoning Commission applications review, public hearing, a recommendation to the governing board MCCALL CITY COUNCIL Page 2 of 7 January 19, 2023 Regular Meeting 5. Final decision: If the application is in the AOI the application goes to the Valley County Commissioners for a final decision. If the application is in the City Limits, the application goes to McCall City Council for final decision. Appeals also work the same way when an appeal comes to the McCall Area Planning and Zoning Commission the final decision is made by the governing board based on the location of the land. McCall City Manager Anette Spickard clarified when a CUP is needed in the City Limits vs. when a CUP is needed in the AOI. Within the City limits and the AOI, permitted uses are outlined in Ordinances governing the AOI. The Ordinances for the AOI are adopted by the County and mirror the Ordinances adopted by the City of McCall. The only time a CUP is needed in the AOI is if a project does not fall within the predetermined uses outlined in the ordinances governing the AOI. Director Groenevelt noted both City limits and the AOI have zoning and within each zone, there is a land use table to show what is and is not permitted within the zone. If an application meets the permitted uses in the land use table, an application to McCall Area Planning and Zoning Commission is not required. Additionally, Design Review and Scenic Route decisions are made by the McCall Area Planning and Zoning Commission and not the McCall City Council or the Valley County Commissioners. Commissioner Thompson asked if the County Commissioners see any approved applications that go through the McCall Area Planning and Zoning Commission. Director Groenevelt clarified what happens in the AOI and what kind of applications are going through the McCall Area Planning and Zoning Commission that would make it to the Valley County Commissioners. Robert Lyons McCall Area Planning and Zoning Chair noted most of the applications in the AOI are residential and fall within the permitted use for the zone. Director Groenevelt noted a lack of infrastructure to support large land -use applications that would go through the Valley County Commissioners for a final decision. Commissioner Hasbrouck asked if the permitted uses in the AOI have ever been cross-referenced with the County -permitted uses. Cinda Herrick, Valley County Planning and Zoning Director noted the County does have some permitted uses for residential, agriculture, parks, and fire stations. Commissioner Hasbrouck asked if there would be any benefit to reviewing the permitted uses in the AOI to ensure the uses are in line with other County permitted uses. The concern is an appeal of a McCall Area Planning and Zoning Commission being brought to the Valley County Commissioners and the County and City facing litigation if the permitted uses in the AOI are not a County regulation but a City regulation. Director Groenevelt noted appeals have not been an issue in the past and the current zoning and permitted uses in the AOI are adopted by the County and regulated only by County Ordinances. Commissioner Hasbrouck gave an example of an application being recommended for denial by the McCall Area Planning and Zoning Commission to the Valley County Commissioners because of use that is not permitted in the AOI zoning, but the use is a permitted use in the County. Brian Oakey, Valley County Deputy Prosecuting Attorney explained that the County has adopted the zoning used to regulate the AOI so the permitted use decision by the McCall Area Planning and Zoning Commission would be based on the County's permitted uses in the AOI. Commissioner Hasbrouck asked if the County has the design review and scenic route standards. Director Groenevelt noted that the County approved the design review and scenic route standards for the AOI in 2006 and the County has since adopted modifications to the standards several times. Adopting clear rules for development creates certainty and less subjectivity for the applicant, staff, and decision -makers. Commissioner Hasbrouck expressed concern over people, in general, being MCCALL CITY COUNCIL Page 3 of 7 January 19, 2023 Regular Meeting more litigious. Director Groenevelt gave a review of how the McCall Area Planning and Zoning Commission and the McCall City Council make land use decisions that have legal standing by noting specific codes met or not met on an application to legally back up any decisions made. County Attorney Oakey asked for an example of a scenic route application that the McCall Area Planning and Zoning Commission would be making a decision on instead of the decision being made by the Valley County Commissioners in the AOI. City of McCall Planner Brian Parker noted a recent application that was in the AOI and came through the McCall Area Planning and Zoning Commission. Attorney Oakey asked if there is a reason why design reviews and scenic route applications are handled differently than a CUP. Ms. Kushlan noted design review and scenic route application are not related to land use issues but rather physical development issues. CUP applications relate to how land is being used not what it looks like. McCall Area Planning and Zoning Chair Lyons noted a project may need both a CUP and a DR/SR. County Commissioner Maupin questioned the legality of the City zoning in the AOI noting Cities are not allowed to zone or have a future land use map in the AOI. City Manager Spickard and City Attorney Punkoney noted that the City does not adopt the zoning for the AOI, the County adopts the zoning for the AOI. County Attorney Oakey noted that zoning is a legislative function, and the law clearly states that the City does not have legislative power in the AOI. The County has historically adopted County code for the AOI that mirrors City code. The County does have the ability to not adopt the codes brought to the County by the City to govern the AOI. Director Groenevelt noted that there is public confusion regarding whose codes govern the AOI. Public education is needed about what codes affect residents in the AOI. The goal is for there to be seamlessness between the AOI and City limits which is why the County has previously adopted codes mirroring City codes for the AOI. Additionally, public comments are made to City Council regarding the AOI but Council is not making those decisions and those residents need to be going to the County with their comments. Director Groenevelt reviewed how the administration of the AOI is funded. The City of McCall does not collect taxes in the AOI. The application fees and permit fees are what are supposed to cover staff time to manage the AOI. There is no additional compensation to the City for code enforcement within the AOI. The City of McCall has funded all of the long-range planning for the AOI and has not asked the County for funding any planning that affects the AOI even though it is County jurisdiction and not City jurisdiction. Director Groenevelt reviewed the code enforcement process in the AOI for planning and zoning, building, and land use only. The first step is always asking for voluntary compliance with a letter. If the issue is not addressed in the AOI it moves to the Valley County prosecutor. This process has been reviewed numerous times in the past 15 years with different attorneys. City Staff is always open to ideas and meetings to improve the process. Commissioner Hasbrouck noted that the County now has a code enforcement officer that can be used to improve the code enforcement in the AOI but it is the prosecutor's call on a lot of enforcement issues. Commissioner Hasbrouck's main concern is the possibility of being sued for how the AOI is regulated. Mayor Giles noted clearing up confusion and a code enforcement process in the AOI is a doable task. The consensus among the group is that communication and education regarding the AOI can be improved. County Attorney Oakey noted recent cases of lawsuits against cities and counties because of how the AOI is regulated. Additionally, Attorney Oakey noted that dually adopted Ordinances that regulate the AOI cannot inappropriately empower the City to take action within the AOI. One MCCALL CITY COUNCIL Page 4 of 7 January 19, 2023 Regular Meeting suggestion to cover both the City and the County legally would be to enter a joint powers agreement regarding the regulation of the AOI. City Attorney Punkoney noted that traditionally the County and City have relied on the Ordinances as an agreement for regulation of the AOI. Attorney Oakey noted that the codification of the agreement through ordinance updates and changes passes the legal standard and does not cause concern. Attorney Oakey commented that in the spirit of transparency and community education, a memorandum of understanding could be another document that can help hold up the legal standard. Valley County Planning and Zoning Director Cinda Herrick noted that a type of agreement between the City and the County does exist in the Valley County Code. Attorney Punkoney clearly stated that the City has no enforcement authority in the AOI. The first step currently taken by the City is just a good -faith effort to get voluntary compliance but if compliance is not reached the matter is referred to the County Prosecutor's office. Mayor Giles noted the Comprehensive Plan as something that has been working. The public involvement included AOI residents. Another item that has been working well is how similar the County codes that regulate the AOI are to the City codes. Commissioner Hasbrouck echoed Mayor Giles and noted the challenge of the other cities in the County missing planning opportunities. A tough issue facing the region is the sewer capacity and the plans of the Sewer District. Commissioner Hasbrouck noted concern regarding annexation and if annexation might not be a possibility because of the sewer capacity. Director Groenevelt noted attending a Sewer District meeting and talked about the master plan that is in progress but there are no drafts out at this point to be able to plan growth with sewer capacity. McCall Area Planning and Zoning Chair Lyons noted that the Sewer District has a different zoning map and boundary than the City of McCall. Director Groenevelt additionally noted that the Sewer District was originally formed to provide sewer to all the housing around the lake and in the AOI and now the District also has the old City sewer system. Council, Commissioners, and Staff had an additional discussion about zoning and district boundaries. Council Member Nelson agreed with previous comments and noted the complexity of the community mindset. The community is not necessarily growth -minded, and the community needs growth toward workforce housing, not second homes and vacant homes. Commissioner Hasbrouck noted the County does not want to see private sewer and septic throughout the County that could in turn cause water quality issues. Tom Milfieth, McCall Area Planning and Zoning Commissioner noted the importance of having infrastructure available for encouraging development both in and outside of City limits. Council Member Maciaszek discussed zoning and the difference between buying property in an area with and without zoning. In the City, there is less unknown because of the zoning. When purchasing property there is a better understanding of what may be developed in the area unlike in areas without zoning where a CUP can be approved for almost any type of development. Commissioner Maupin expressed concern about the zoning in the AOI, specifically most of the AOI being zoned R10 which does not allow for density. Council Member Maciaszek noted the zoning was determined by the community and not City Council through the public input process to develop the Comprehensive Plan. Commissioner Hasbrouck agreed with Council Member Maciaszek but expressed concern about litigation coming against the County due to the AOI being zoned by the City and not the County. Council Member Maciaszek noted that the County has adopted ordinances for the AOI zoning. The AOI is not zoned by the City ordinances it is zoned by the County ordinances. MCCALL CITY COUNCIL Page 5 of 7 January 19, 2023 Regular Meeting Staff, Commissioners, and City Council discussed what is not working in the AOI and what needs to be fixed. Valley County Planning and Zoning Director Herrick noted short-term rentals. Council Member Thrower noted endowment lands and Council Member Nelson, and Commissioners Maupin and Hasbrouck agreed. Director Herrick mentioned events and business licensing in the AOI. Director Groenevelt noted the AOI does not currently have any codes adopted by the County to mirror the City codes on events and business licensing and as such, any businesses or events in the AOI would be processed the same as anywhere else in the County. City Manager Anette Spickard questioned the City's authority to process business licenses outside of the City Limits. Commissioner Maupin noted code changes brought to the County need to be brought in a timely manner with consideration of the time it takes to thoroughly review the changes. Ms. Kushlan directed the discussion toward the City and County moving forward together and gave a review of the discussion thus far. High priorities for the AOI noted during the discussion include code enforcement, density, and infrastructure, regulations for temporary use and short- term rentals, endowment lands, communication, and public education, and a memorandum of understanding or joint powers agreement between the City and the County to regulate the AOI. Code enforcement and the agreement is the responsibility of the City and County attorneys, endowment lands are the responsibility of the elected officials, and codes, education, and infrastructure are the City and County staffs responsibility. Additional discussion was had regarding master planning and rolling County planning into the Comprehensive Plan. Director Groenevelt noted rolling plans together can help the public find information all in one place instead of having to visit multiple documents to find answers. Attorney Punkoney noted the timeline for an MOU agreement between the City and County. The MOU will not be finalized until after the legislative session is over as directed by staff due to the possibility of changes to AOI state regulations. Mayor Giles noted City council and staff are interested in getting an agreement in place as soon as possible. Attorney Punkoney noted it would be time well spent for the attorneys to get a framework of an agreement together now and bring the agreement to the Commissioners and Council after the legislative session. Director Groenevelt asked County Commissioners and staff for an explanation on event permits in the County. Director Herrick noted gatherings under five hundred require a CUP and gatherings over five hundred are regulated by the sheriff's office. Additionally, a brief review of how the City regulates events within City limits was discussed. Manager Spickard discussed communication and education regarding the AOI. One option is to develop an impact area webpage. City and County staff can work together to get a site up in the next month. Assistant Planner Todd noted the site can be housed on the Valley County website to create parallelism and transparency. Commissioner Hasbrouck agreed. Tony Moss, McCall Area Planning and Zoning Commissioner asked about Short-term rental (STR) regulations in the AOI. Director Groenevelt noted the regulations for the STRs in the AOI is different from the regulations within City limits and is also different from regulations in the County. The reason for the lack of seamlessness on STR regulations is caused by the County having a code regulating STRs in the County but also adopted a code to mirror the City code in the AOI for STR regulations and then the City of McCall updated the regulations for STRs within City limits, but the County did not adopt a mirror code to update the STR regulations in the AOI. There was a consensus in the discussion to schedule a joint work session on STR regulations. MCCALL CITY COUNCIL Page 6 of 7 January 19, 2023 Regular Meeting Council Member Maciaszek asked if the County plans to implement any kind of land use planning with zoning. Director Herrick noted research is being done to bring zoning to the County jurisdiction. Commissioner Maupin asked about the AOI regulations on accessory dwelling units (ADU). Director Groenevelt gave a history of ADU regulations and noted that the limitation of 1,499 sqft was put in place due to the amount of extremely large ADU that were being built. As an option to exceed the limit of 1,499 sqft, an incentive was put in place to require a local housing unit in the ADU. Commissioner Maupin expressed a desire to have open communication between the City and the County prior to the regulations being presented to the County for a mirror ordinance adoption. Additionally, Commissioner Maupin questioned the requirement of an architecture stamp for some buildings. Director Groenevelt noted that the code has been in place since 2006 and the stamp is only required for homes over 3500 sqft. Council Member Nielsen expressed that the meeting has been full of great discussion and there is a tangible way to move forward with the MOU. Additionally Council Member Nielsen discussed the idea of pulling together resources for the entire County, involving all the cities, and creating a uniform land use guideline. Commissioner Hasbrouck noted the need for the community to get involved, run for office, and vote throughout the community. Commissioner Maupin noted a community in Oregon having done a regional growth study and master planning. Additionally, Commissioner Maupin noted the need to be careful and consult legal counsel to ensure the City and the County both do not get sued for one or the other overstepping legislative power. ADJOURNMENT 1 Without further business, adjourned the meeting at 8:30 p.m. Robert S. mIles, Mayor ATTEST: DetyCt47Ct K Ar BessieJo Wagner, City Clerk' MCCALL CITY COUNCIL January 19, 2023 Regular Meeting Page 7 of 7