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).
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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
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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
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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
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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.
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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.
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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:
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Ar BessieJo Wagner, City Clerk'
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January 19, 2023 Regular Meeting
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