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HomeMy Public PortalAboutOrd. 626 - Moratorium on Building in the B-2 Routing (IDOT)ORDINANCE NO. 626 (EMERGENCY) AN ORDINANCE OF THE CITY OF McCALL, IDAHO, ESTABLISHING A 120 DAY MORATORIUM ON ISSUANCE OF BUILDING PERMITS, THE ACCEPTANCE OF APPLICATION FOR, OR PROCESSING OF, ANY SPECIAL USES OR VARIANCES, RECLASSIFICATION OF ZONE (ZONING MAP AMENDMENT), SUBDIVISIONS, OR MOBILE HOME FACILITIES, RESPECTING LANDS ARGUABLY WITHIN 500 FEET OF THE PROPOSED McCALL ALTERNATE ROUTE OF THE IDAHO DEPARTMENT OF TRANSPORTATION, SOUTH AND WEST OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. The Mayor and Council find that the Idaho Department of Transportation desires to finalize planning for the McCall Alternate Route for Highway 55 south and west of the City, and has requested that the City suspend all development approvals within 500 feet of the proposed alignment as depicted on an aerial photograph received with the request. The Mayor and Council further find that a moratorium on development approvals is necessary to avoid a threat to the public welfare, in that individuals might seek to alter the status of lands in anticipation of right of way acquisition, or commence private development inconsistent with such right of way acquisition, so as to frustrate a public improvement important to the safety of City residents. Section 2. For a period of 120 days next following the effective date of this ordinance, the City shall not accept, nor shall it process any application nevertheless received, affecting lands within 500 feet or arguably within 500 feet of the proposed alignment of the McCall Alternate Route, according to the aerial photograph received by the City with the letter of February 3, 1993, from Robert R. Elvin, P. E. of the Idaho Transportation Department. "Application" means, for these purposes, any application for a building permit, special use, variance , planned unit development, subdivision, or mobile home or trailer subdivision, park, or camp. The referenced aerial photograph shall be preserved by the City Clerk as a public record for these purposes within City Hall, and shall be open to public viewing during normal business hours. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law, for a period ending 120 days after its effective date. This ordinance need not be codified, as it is of temporary effect. Passed and approve~~993. Publisher's Affidavit of Publication STATE OF IDAHO \ J .SS County of Valley I, Ramona A. George , being duly sworn and say, I am the receptionist of The Central Idaho Star-News, a weekly newspaper published at McCall , in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of aforesaid and is a legal newspaper ; that the NOTICE OF ORDINANCE 626 , a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for one consecut ive week in the regular and entire issue of every number there of du ri ng the period of time of pub li cation, and was publ ished in the newspaper proper and not in a supplement; and that publ ication of such notice began April 1, 1993 and ended ·11. 1993. Subscribed and sworn before STATE OF IDAHO COUNTY OF VALLEY} On this 1st day of April, in the year of 1993, before me, a Notary Public, personally appeared Ramona A. George, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn , declared that the statements therein are true, and acknowl- edged to me that she exec~ ~M \ / ~G~ Notary Public for Idaho Residing at McCall , Idaho Commission Expires : 1999 ORDINANCE NO. 626 (EMERGENCY) AN ORDINANCE OF THE CITY OF McCALL, IDAHO, ESTABLISHING A 120 DAY MORATORIUM ON ISSUANCE OF BUILDING PERMITS, THE ACCEPTANCE OF APPLICATION FOR, OR PROCESSING OF, ANY ~~~<[~ks1~rEX Tm~N v '61}JA~g~E (ZONING MAP AMENDMENT), SUBDIVISIONS, OR MOBILE HOME FACILITIES, RESPECTING LANDS ARGUABLY WITHIN 500 FEET OF THE PROPOSED McCALL AL TERNA TE ROUTE OF THE IDAHO DEPARTMENT OF TRANSPORT-I A TION, SOUTH AND WEST OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. The Ma)' and Council find that the Idaho Department of Transportation desires to finalize plan - ning for the McCall Alternate Route for Highway 55 south and west of the City, and has requested that the City suspend all development approvals within' 500 feet of the proposed alignment as de- picted on an aerial photograph received with the request. The Mayor and Council further find that a moratorium on development approvals Is necessary to avoid a threat to the public welfare, in that individuals migllt seek to alter the status of lands in anticipation of right of way acquisition, orcommence private development inconsistent with such right of way acquisition, so as to frustrate a public improvement impor- tant to the safety of City residents. Section 2. For a penod of 120 days next following the effective date of this ordinance, the City shall not accept, nor shall it process any application never- theless received, affecting lands within 500 feet or arguably witllin 500 feet of the propaied alignment of the McCall Alternate Route, according to the aeri pnotograph received by the City with fhe letter of February 3, 1993, from Robert R. Elvin, P .E. of the Idaho Transportation Department. "Application" means, for these pur- poses~ any apflication ~or a building pe~m1t, speoa use, v~~a~ce, planned unit devefopment, subdiv1S1on, or mobile home or trailer subdivision, park, er camr. The referenced aerial photograph shal be .preserved by the City Oerk as a public record for these purposes within City Hall, and shall be open to public viewin~ during normal business hours. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law, for a penod ending 120 days after its effective date. This ordi- nance need not be codified, as it is of temporary effect. Passed and approved March 25, 1993. L. A. Smith, Jr. Mayor ATTEST: Arthur J. Schmidt City Oerk 114/1