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HomeMy Public PortalAboutOrd. 789 - Reedy Lane RezoningORDINANCE NO. 789 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, ESTABLISHING APPROPRIATE ZONING DESIGNATIONS FOR A CERTAIN PARCEL OF LAND; PROVIDING FOR ZONING MAP AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1: The McCall City Council, having received a recommendation from the City of McCall Planning and Zoning Commission for rezoning of a certain parcel of land, pursuant McCall City Code Section 3-34, the real property contained within the description in Exhibit A shall be and is hereby included within the B Residential zoning district. Section 2: The zoning map of the City of McCall Planning Jurisdiction is hereby amended to reflect the above -described changes, and the Community Development Director is instructed to endorse the zoning map accordingly and with the number and effective date of this Ordinance. Section 3: This ordinance, or a summary thereof, shall be published once in the official newspaper of the City, and shall take effect upon its passage, approval, and publication. DATED this rk day of ATTEST: Robert Strope, City Clerk an, 2004. CITY OF McCALL Valley County, Idaho By Kirk L. Eimers, Mayor ORDINANCE NUMBER 789 page 1 of 2 ORDINANCE NO. 789 EXHIBIT A A parcel of land commonly known as 817 & 819 Reedy Lane, and more particularly described as follows: McCall Acreage: Tax No. 11 and a 10'x100' strip of land parallel to the north boundary of Tax No. 11, all in the NE 1/4 of the NE 1/4, Section 9, Township 18 North, Range 3 East. City of McCall Certificate of Recording Officer STATE OF IDAHO } 1 County of Valley } I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 789 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on January 8, 2004 and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting and that a legally sufficient number of members of the Council voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho this 8th day of January 2004. Robert Strope, City Clerk MCCALL CITY COUNCIL FINDINGS AND CONCLUSIONS REGARDING ZONING DESIGNATION UPON ANNEXATION ZO N-03-2 817 & 819 Reedy Lane The Council finds that: 1. An application for a zoning map amendment, pursuant to McCall City Code Title 3 Chapter 34, was submitted on July 15, 2003 by Malcolm Scott, the owner of the property described below: McCall Acreage: Tax No. 11 and a 10'x100' strip of land parallel to the north boundary of Tax No. 11, all in the NE 1/4 of the NE 1/4, Section 9, Township 18 North, Range 3 East. 2. The property in question is located in the A Residential zoning district. 3. The McCall Planning & Zoning Commission held a properly posted and noticed public hearing on October 7. The Public Hearing was continued until November 6. A transcribable record was made of each public hearing. 4. The Commission received public testimony and reviewed staff reports dated October 7 and November 6. 5. The site is 46,500 square feet (approximately 1.07 acres). It is adjacent to the City golf course maintenance buildings, with approximately 150' of frontage on Reedy Lane. 6. Mr. Scott is requesting a rezone from A Residential to B Residential. Primary differences between the two districts are that A Residential allows up to four dwelling units per acre, while .B Residential allows up to 8 dwelling units per acre. Minimum lot sizes are smaller in the B Residential district. In both cases, a conditional use permit is required for multi -family dwellings. 7. The properties to the north and east are zoned B Residential, including Aspen Village Condominiums, Timberlost V and VI, and the Fairway Condominiums, and are a mix of single-family detached homes and attached multi -family homes. The properties to the south and west are zoned A Residential and are primarily single-family homes. 8. The Future Land Use Map (Figure 7) identifies the subject property as 'Low Density Residential.' It is immediately adjacent to 'Medium Density Residential' on two sides. 9. A conceptual site plan, showing six detached single-family homes and two storage buildings was reviewed at the November 6 Commission meeting. 10. The Commission determined that the proposed zoning designation is generally in conformance with the Future Land Use designations of the McCall Area Comprehensive Plan. 11. The Commission recommended that the City Council rezone the property from A Residential to B Residential, as requested in ZON-03-2 12.No appeal of the Commission's recommendation was filed. 13.The Council reviewed the matter on January 8, 2004. The Council concludes that: 1. The proposed zoning designation is generally in conformance with the. McCall Area Comprehensive Plan. 2. The application for ZON-03-2, to rezone the property identified above from A Residential to B Residential is hereby approved by the City Council. Dated: January 8, 2004 Kirk L. Eimers Mayor Attest: Robert A. Strope City Clerk McCall City Council Findings and Conclusions Regarding A Zoning Map Amendment ZON-03-2 page 2 Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The 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 afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publica- tion of such notice began January 29, 2004 and ended January 29, 2004. Subscribed and s(arrdrn beforetnhe this the 29th day of January, 2004. STATE OF IDAHO COUNTY OF VALLEY On this 29th day of January, in the year of 2004, before me, a Notary Public, personally appeared Carol J. Wright, 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 acknowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06