HomeMy Public PortalAbout2016.10.06 ZON-16-01 Broken Ridge Commons 401734IN RE:
Lots 2, 3, and 4
Broken Ridge Commons
Zoning Map Amendment
Application Number:
ZON-16-01
Lots 2, 3, and 4 Broken Ridge Commons Re -zone — Findings of Fact
McCall City Council — October 6, 2016
Page 1 of 4
McCALL CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
DECISION
Instrument # 401734
VALLEY COUNTY, CASCADE, IDAHO
10-14-2016 06:30:111 AM No. of Pages: 4
Recorded for : CITY OF MCCALL
DOUGLAS A. MILLER : 0.00
Ex-Officio Recorder
Index to: MISC
FINDINGS OF FACTS
Applicant: Resolute Land Holdings LLC
Representative(s): Michael Jobes
Application: Zoning map amendment application to change the R8 — Medium Density
Residential to CC — Community Commercial zoning in accordance with section
5.5 of the Development Agreement for Broken Ridge Commons Subdivision
executed by the City of McCall and recorded with the Valley County Recorder's
Office on January 17, 2007 as Instrument No. 317596, which stipulates that the
applicant shall submit an application for rezoning of the subject parcels prior to
submitting for a building permit for the 72 residential units on Lot 1 of the
subdivision.
Address: The property addresses will be determined upon issuance of a building permit.
Location: Lots 2, 3 and 4, Block 1 Amended Plat Broken Ridge Commons, situate in the
NE1/4 of the NE1/4, Section 18, T. 18 N., R. 3 E., B.M., City of McCall, Valley
County, Idaho.
Public Notices: Newspaper: The Notice of Hearing was published in the Star News on
September 15, 2016.
Mailing: The Notice of Hearing was mailed by the applicant to property owners
within 300 feet on September 15, 2016.
Lots 2, 3, and 4 Broken Ridge Commons Re -zone — Findings of Fact
McCall City Council — October 6, 2016
Page 2 of 4
Posting: The Notice of Hearing was posted by the applicant on the subject
property on September 12, 2016.
Procedural History: The McCall Area Planning and Zoning Commission at its August 2, 2016 regularly
scheduled meeting held a properly noticed public hearing and recommended
the zoning amendment for approval by City Council.
Zoning: The current zoning of the property is R8 — Medium Density Residential. The
proposed zoning is CC — Community Commercial.
APPROVAL STANDARDS
Title 3, Chapter 13
The applicant may be required to submit an environmental assessment prior to approval of a zoning
map change, when in the judgment of the commission the change would permit operations,
materials, or activities which would constitute a potential threat to public health, safety and welfare
or to the quality of the environment. The zoning map change will not constitute a potential threat to
public health, safety and welfare or to the quality of the environment; therefore an environmental
assessment is not required (MCC 3.13.051.B).
Upon receipt of a request for amendment to the zoning ordinance, or for amendments of the zoning
map, the commission shall determine if the proposed change would also require an amendment to
the comprehensive plan. The West Valley Area Plan of the Future Land Use Map within the McCall Area
Comprehensive Plan (2007) identifies the area as future commercial and mixed use. Therefore, the
proposed zoning change is consistent with the Comprehensive Plan.
DEPARTMENT/AGENCY COMMENTS
No department or agency comments were received regarding the proposed Zoning Map Amendment.
Lots 2, 3, and 4 Broken Ridge Commons Re -zone — Findings of Fact
McCall City Council — October 6, 2016
Page 3 of 4
CONCLUSIONS OF LAW
1. The City of McCall has provided for initiation of amendments to the zoning map, authorized by
Section 67-6511, Idaho Code, pursuant to Title 3, Chapter 13 of McCall City Code.
2. Adequate notice of the October 6, 2016 public hearing was provided, pursuant to Section 67-6512,
Idaho Code and Title 3, Chapter 15 of McCall City Code.
DECISION
THEREFORE, the McCall City Council hereby approves this Zoning Map Amendment application, subject
to the following conditions:
1. The properties shall be developed in accordance with the Development Agreement for Broken
Ridge Commons Subdivision executed by the City of McCall and recorded with the Valley County
Recorder's Office on January 17, 2007 as Instrument No. 317596 or in accordance with any
subsequent amendments to the Development Agreement as approved by McCall City Council.
NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKING ANALYSIS: The Applicant is hereby notified that
pursuant to Idaho Code §67-8003, an owner of real property that is the subject of an administrative or regulatory
action may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a
regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of McCall. Pursuant to Idaho
Code §67-6521, an affected person i.e., a person who has an interest in real property which may be adversely
affected by the issuance or denial of the application to which this decision is made, may within twenty-eight (28)
days after the date of this Decision and Order, seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
Lots 2, 3, and 4 Broken Ridge Commons Re -zone — Findings of Fact
McCall City Council — October 6, 2016
Page 4 of 4
Findings of Fact adopted this 6th day of October, 2016.
Attest:
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BessieJo Wag r, City Cler
STATE OF IDAHO,
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County of Valley
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Jackie. Aymon, laayor
On this /. 3 day of 6 O1aG✓ , 20/k, before me, a Notary Public, appeared
JACKIE J. AYMON and BESSIEJO WAGNER, known, or identified to me to be the MAYOR and CITY CLERK,
respectively, of CITY OF MCCALL that executed the said instrument, and acknowledged to me that they
executed the same on behalf of THE CITY OF MCCALL.
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