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