HomeMy Public PortalAboutOrd. 839 - Amendment to Zoning DesignationJune 22, 2007
Instrument # 360886
VALLEY COUNTY, CASCADE, IDAHO
6-13-2011 04:43:31 No. of Pages: 5
Recorded for : CITY OF MCCALL
ARCHIE N. BANBURY Fee: 0.00
Ex-Officio Recorder Deputy
Index to: ORDINANCES
ORDINANCE NUMBER 839
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, AMENDING THE
ZONING DESIGNATION FOR CERTAIN REAL PROPERTY IN MCCALL VALLEY
COUNTY, FROM RESIDENTIAL R-4, LOW DENSITY SINGLE-FAMILY RESIDENTIAL
DISTRICT TO CV, CIVIC USE DISTRICT; PROVIDING FOR RELATED MATTERS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of McCall, Valley County, Idaho, is a municipal corporation duly
organized and operating under the laws of the State of Idaho and is authorized under the
provisions of 67-6511, Idaho Code, to establish within its jurisdiction one or more zones or
zoning districts where appropriate; and
WHEREAS, City Code of McCall Title 3.13.05 provides the methods by which amendments to
the zoning map may be initiated by the McCall City Council or the McCall Planning and Zoning
Commission; and
WHEREAS, on March 16, 2006, the McCall City Council created a public zone to be known as
the civic use zone intended to provide for governmental offices and other civic facilities to
include governmental, cultural and recreational facilities; and
WHEREAS, McCall City Code land use table 3.6.02 specifically identifies hospital or clinic as
an administratively approved use within the civic use zone; and
WHEREAS, the administrator has administratively approved a hospital use in that zone and
provided the property is rezoned for that purpose; and
WHEREAS, the civic use zone is generally in conformance with the future land use map
designations of the McCall Comprehensive Plan; and
WHEREAS, the McCall Planning and Zoning Commission, in accordance with public notice
procedure, held a properly posted and noticed public hearing on June 5, 2007 for purposes of
hearing this zoning map amendment request. At that time, the Commission heard testimony on
the proposed zoning map amendment, constructed findings of fact and conclusions of law as
required by law, and recommended to the McCall City Council that the requested zoning be
approved; and;
WHEREAS, the McCall City Council, pursuant to public notice as required by law, held a public
hearing on July 12, 2007 on the proposed zoning map amendment, made findings of fact and
conclusions of law as required by law, and approved the rezone request because of a finding that
Page 1 of 5
Ordinance No. 839
June 9, 2011
the rezone request is generally in accordance with the policies of the McCall Comprehensive
Plan and in the best interests of the citizens of the City of McCall.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO, AS FOLLOWS:
Section 1: The McCall City Council, upon request for an Amendment to the Zoning Map
pursuant to Idaho Code § 67-6511 and McCall City Code Title 3 Chapter 6, and pursuant to the
notice and hearing procedures of Idaho Code § 67-6509 and McCall City Code Title 3 Chapter
15, have determined that the real property contained within the description in Exhibit "A" shall
be rezoned from the previous Zone R-4, Low Density Single -Family Residential Zone to the
Zone CV, Civic Use Zone.
Section 2: The McCall Planning and Zoning Commission gave a favorable recommendation
for the Zone CV, Civic Use zoning designation after public hearing in accordance with Idaho
Code § 67-6509 and McCall City Code Title 3 Chapter 6.
Section 3: In furtherance of this Zone CV, Civic Use zoning designation, the owner of the
property described in Exhibit "A" shall enter into a Development Agreement with the City of
McCall to ensure that the recommendations of the City of McCall Planning and Zoning
Commission and the McCall Area Comprehensive Plan are satisfied.
Section 4: The zoning map of the City of McCall Planning Jurisdiction is hereby amended to
reflect the above -described change, and the Planning Manager is instructed to endorse the zoning
map accordingly and with the number and effective date of this Ordinance.
Section 5: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and
declare that the rezone of the Forest Street Professional Condominiums (hospital campus) does
not require an amendment to the Comprehensive Plan.
Section 6: The real property, all located within the City of McCall and particularly described
in Exhibit "A" is hereby rezoned from Zone R-4, Low Density Single -Family Residential district
to the Zone CV, Civic Use district, from and after the effective date of this ordinance.
Section 7: The zoning classification for the property described in Exhibit "A" is hereby
established as the CV, Civic Use Zone, as provided in the Zoning Ordinance of the City Title 3,
Chapter 6.
Section 8: This Ordinance shall take effect immediately upon its passage and approval.
Section 9: This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
Page 2 of 5
Ordinance No. 839
June 9, 2011
PASSED AND APPROVED this 9 day of June, 2011
CITY OF McCALL
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,•�nald C. Bailey, Mayor
BessieJo Warier-, City Qlerk
Ordinance No. 839
June 9, 2011
Page 3 of 5
STATE OF IDAHO, )
(ss.
County of Valley. )
On this %� day of , 2011, before me, ‘0,60ect. ,
a Notary Public in and for said State, personally appeared Donald C. Bailey, known or identified
to me to be the Mayor of the City of McCall that executed the said instrument, and acknowledged
to me that said municipality executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
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NOTARY PUBLIC tO
My Commission Expires:
STATE OF IDAHO, )
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County of Valley. )
On this %3 day of , 2011, before me,
a Notary Public in and for said ate, personally appeared BessieJo Wagner, known or identified
to me to be the Clerk of the City of McCall that executed the said instrument, and acknowledged
to me that said municipality executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
NOTARY PUBLI i F RqDAHO
My Commission Expires: f'D1-/---3-7/47i/
Page 4 of 5
Ordinance No. 839
June 9, 2011
EXHIBIT A
McCall Memorial Hospital and MHHODD, LLC, the owner of the property described below:
Part of Lots 4 and 5, Block G, Brundage Subdivision, Valley County, Idaho
Page 5 of 5
Ordinance No. 839
June 9, 2011
June 22, 2007
Instrument # 327196
VALLEY COUNTY, CASCADE, IDAHO
2007-11-29 11:20:20 No. of Pages: 3
Recorded for : CITY OF MCCALL
ARCHIE N. BANBURY Fee: 0.00
Ex-Officio Recorder Deputy �I 1\r nr a
Index to. ORDINANCES
ORDINANCE NUMBER 839
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, AMENDING THE ZONING
DESIGNATION FOR CERTAIN REAL PROPERTY IN MCCALL VALLEY COUNTY, FROM
RESIDENTIAL R-4, LOW DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT TO CV, CIVIC
USE DISTRICT; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of McCall, Valley County, Idaho, is a municipal corporation duly organized
and operating under the laws of the State of Idaho and is authorized under the provisions of 67-
6511, Idaho Code, to establish within its jurisdiction one or more zones or zoning districts where
appropriate; and
WHEREAS, City Code of McCall Title 3.13.05 provides the methods by which amendments to
the zoning map may be initiated by the McCall City Council or the McCall Planning and Zoning
Commission; and
WHEREAS, on March 16, 2006, the McCall City Council created a public zone to be known as
the civic use zone intended to provide for governmental offices and other civic facilities to
include governmental, cultural and recreational facilities; and
WHEREAS, McCall City Code land use table 3.6.02 specifically identifies hospital or clinic as an
administratively approved use within the civic use zone; and
WHEREAS, the administrator has administratively approved a hospital use in that zone and
provided the property is rezoned for that purpose; and
WHEREAS, the civic use zone is generally in conformance with the future land use map
designations of the McCall Comprehensive Plan; and
WHEREAS, the McCall Planning and Zoning Commission, in accordance with public notice
procedure, held a properly posted and noticed public hearing on June 5, 2007 for purposes of
hearing this zoning map amendment request. At that time, the Commission heard testimony on
the proposed zoning map amendment, constructed findings of fact and conclusions of law as
required by law, and recommended to the McCall City Council that the requested zoning be
approved; and;
WHEREAS, the McCall City Council, pursuant to public notice as required by law, held a public
hearing on July 12, 2007 on the proposed zoning map amendment, made findings of fact and
conclusions of law as required by law, and approved the rezone request because of a finding
that the rezone request is generally in accordance with the policies of the McCall
Comprehensive Plan and in the best interests of the citizens of the City of McCall.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MCCALL, IDAHO, AS FOLLOWS:
Ordinance No. �3�/ Page 1
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO,
AS FOLLOWS:
Section 1: The McCall City Council, upon request for an Amendment to the Zoning Map
pursuant to Idaho Code § 67-6511 and McCall City Code Title 3 Chapter 6, and pursuant to the
notice and hearing procedures of Idaho Code § 67-6509 and McCall City Code Title 3 Chapter
15, have determined that the real property contained within the description in Exhibit "A" shall be
rezoned from the previous Zone R-4, Low Density Single -Family Residential Zone to the Zone
CV, Civic Use Zone.
Section 2: The McCall Planning and Zoning Commission gave a favorable recommendation
for the Zone CV, Civic Use zoning designation after public hearing in accordance with Idaho
Code § 67-6509 and McCall City Code Title 3 Chapter 6.
Section 3: In furtherance of this Zone CV, Civic Use zoning designation, the owner of the
property described in Exhibit "A" shall enter into a Development Agreement with the City of
McCall to ensure that the recommendations of the City of McCall Planning and Zoning
Commission and the McCall Area Comprehensive Plan are satisfied.
Section 4: The zoning map of the City of McCall Planning Jurisdiction is hereby amended to
reflect the above -described change, and the Planning Manager is instructed to endorse the
zoning map accordingly and with the number and effective date of this Ordinance.
Section 5: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and
declare that the rezone of the Forest Street Professional Condominiums (hospital campus) does
not require an amendment to the Comprehensive Plan.
Section 6: The real property, all located within the City of McCall and particularly described in
Exhibit "A" is hereby rezoned from Zone R-4, Low Density Single -Family Residential district to
the Zone CV, Civic Use district, from and after the effective date of this ordinance.
Section 7: The zoning classification for the property described in Exhibit "A" is hereby
established as the CV, Civic Use Zone, as provided in the Zoning Ordinance of the City Title 3,
Chapter 6.
Section 8: This Ordinance shall take effect immediately upon its passage and approval.
Section 9: This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
Ordinance No. �.3 �/ Page 2
G
d. 2007, before me,
,9-) OrIP K. Ouertwi , a Notary Public in and for said State, personally appeared
NmcLlct C- , known or identified to me to be the Mayor of the City of
McCall that executed the said instrument, and acknowledged to me that said municipality
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
'y,008g9eeepys
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Q.O1 AR Y •. ' NOTARY PU LIC FOR IDAHO
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STATE OF IDAt;I� )PUBS'` %19
County of Valley. 's.„')1 PE OF,eeeee
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On this c2 day of 0 b"
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PASSED AND APPROVED this day of ��.y� , 2007.
CITY OF McCALL
ATTEST
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STATE OF IDAHO,
(ss.
County of Valley. )
On this T day of
Bill Robertson, Mayor
My Commission Expires: /I-2(
2007, before me,
ni,yttAl Ntrhfv, , a Notary Public in and for said State, personally appeared
Fre(4 tk-t, known or identified to me to be the Clerk of the City of
McCall that executed the said instrument, and acknowledged to me that said municipality
executed the same.
IN WITNESS WHEREOF, I have
day and year in this certificate first above
hereunto set my hand and affixed my official seal, the
written.
A.%) 011M71
NOTARY PUBLIC FOR IDAHO
My Commission Expires: if-21 -OS"
Page 3
City of McCall
Certificate of Recording Officer
STATE OF IDAHO }
}
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. 839 is a true and correct copy of an
ordinance passed at a regular meeting of the Council of the City of
McCall held on September 6, 2007 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 29th day of November, 2007
Fred Quiel, Acting City Clerk
ublisher's Affidavit of Rub
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 Val-
ley, 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 publication of such
notice began September 13, 2007 and ended September 13, 2007.
Subscribed a bworn be me this the 13th day of September, 2007.
STATE OF IDAHO
COUNTY OF VALLEY
On this 13th day of September, in the year of 2007, before me, a No-
tary 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 acknowl-
edged to me that she executed the same.
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Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/12
DE ITY, r SING)'.E-FAMII.X
DENTIAL DISTRICT ?"
TJSE.DISTRICT;` PROVIDING ';1i'QR
REI:ATED MAutRS-ANDpROUID ..
;.DEN_
ORDINA NUMBER 839 ",j`
AN ORDINANCE'<OF THE;:CITY
OF IvIcCALL;ti. UALLEYr "COLJIVTY;
AMENpING ,TEIE+ ZONING "DESIG-
NATION FOR. CERTAIN.<REALPROP-
ERTY' !IN MCCALL UALLEYa CO. • .
TY; `:FROM, RESIDENTIAL R 4 ';LOW
-
O CV CHIC
ING-ANv Ef4.ECTIV: DATE
• VIHEREAS, the Ciy of McCall,
Talley=County >Idalio is a mumctgal cot-
poratign duly. organized and , petating
under the laws, of the $fate of Idaho and
'is authorized under•the:ptovtstons of 6,7-
651,i;,Idaho Code to estabhsh 3p. nits
Iur}sdiction one:or more zones or zoning
dtsirictswhereapproprate,
WHEREAS City Code of,IvlcCall
ttl" 31305`provtdes'the methods.°by
may be tptttated by. the McCall City property cgntained wttlun the descnphon} .
Counetl or the McCall Planningttd Zqn- to Exlubtt `A a shall be rezoned`;i;om the:
tti Comtntssion, and - prevtqus Zone R 4 Low Density' Single
g WHEREAS on March 16 2006 the' Faintly Residential Zone,to the Zone CV
McCall Ctty :Council preated`?a .public. Civic•Use•Zone o
zone'`'to°be`latown as the civic use zone Secnon,2 The�McCall Planning and •
.
tntegded to provide foz.govercimeittal of Zoning"Cbinmtsston;;gave a favorable:
fices and.otlir c}uic`,faethues toanclude reeommendatipt for the Zone Ct.civtc
governmental,; cultural and reereattonal • Use zoning d_esignati9n after public hear
facilities and F ti trig m accordance with Idaho Code §
WHEREAS McCall CttyrCode land : 67 6509 and'McCal1:.Ctty Code Title 3
use ;table F3 6 0 specifically }denufies Chapter 6 S „s ` <'
hosgttal4or,climc as.an admiiustiattvely: Secuotta Infiiti"eranceofsthtsZohe
approved use •within • flier civic use zone CV, Ct�tc t Jse zonnng dest& if' if the:,.
and'; ,r. -". owner, of the property described to Ex '`.
WHEREQ;S ithe''admtnisttatorr"as hiliit A shall enter Yuto a Development':
to that zone'and provided the property is , ensure that,the recotnmendattons of th •
rezoned for :that purpose and City of McCall Planning 'and Zoning
'�vHEItEAS the .civic use `zone is : ,Commtss�ion and the `,,IVIcCaILAiea, Co
generally tti'conformance with fire future " prehenstve.Rian are satisfied
1'nd use map de�tgna#ions of the 1VIcCaIL Sectrou 4 The zoning map of the, `
Cortiprehensve Plan and Crtys of McCall Tlamnng Jun$ihchon` t�s:
WHEREAS, the McCall Planning hereby amended to reflect the,above de
and Zoning Comtntsston to accordance scribed change and the )?latvwng�Man
ly Iiosted (and noticed public map accgrdmgTy� and, wO enu}riber
i c at i n
conc7ustonsrof law as, required fiy�
and agproved the rezone request because
of a finding that the 6zotiotrequ •go's
generally to accor
oF.fhe IVlcCafl Comprehensive Plan
m' Fie best interests ofahe cthzens`o
City of McCall � ",rj ,
OW RE BE T'T
D"".AINED'�B;Y` T)=IES' MAXOR
OUNC
TaFREFO
THE=,,CITY
IDAITO AS FOLLOW.,,.
BE IT ORDAINED BY THE.
OR`AND.}COUNCIL OFF
MCCALL" �IDA130 ASfFOLLOW;
Section _1" The McCall Cityf Co
ctlsupon request fqt arkAmendmet
the: Zoning Map {pursuant to rdaho
§ 67 6511 and' McCall City Code Tittle
3 °Chapter 6 an`d pursuant" to tlie'iioace';�.
anclsheanug�pioce3ure,'s of Irialiij Code §'
67=G509,:and,McCall City Code Title
AND;
t eij
which att�endrients to the zoning map. Chapter IS have deternuneQ that thereat;.
admiinstrattyely,hoib,ved a hospital use Agreement ^vJith ,the Ctty o 1VIcCa11 io `•
e..
w,>_th public>aottce procedure;, held "'a
hreanng on -June 5, 200 , 1`0,;;Otttp•eses: aniieffecttve datetoE;tlu
Ivla'voi
agt ts�Ynstructed to endorse the zoning •
,, ce' i` .
•
•
o£..heanng tips zgmzig map xinendment„ Sectign 5 The
request Af that rime, the Commission the city' of McCall `Id
fieard tesrimonyConahe proposed zoma hereby find and declare
domtniums (hospttal;campu§) dpes not .;
map amendment constructed. findings off.
• fact and coriclustonss;of lawras+required
liy;;law and recommended�to the McCall-
City Council that the requested *omng be
apliroved,; and
WHEREAS the:McCall City Conti-
cil�, pursuant to public nonce as required ;.
tiy� law .herd a",public hearing on July `
1?,; 1001 •.op :the. pioposed:'zontng map .
ounc}lof -;
ity;),
ezone�
of * the lForestf Street Prol'eOlottal Con2
reg h an"'amendment to the< Compte
henstveyPlan .. " :.:" --- —'