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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 � -/ i� y/' ` �; ,•�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. Flo. RA... 4' ,• 4 146� � x_ t, ,a• v § „� o G"'LIC •1 d A,t, ~•. t•� $��w �p D A�O ��"�, stow - NOTARY PUBLIC tO My Commission Expires: STATE OF IDAHO, ) (ss. 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 kJ.... 0 VE D Q.O1 AR Y •. ' NOTARY PU LIC FOR IDAHO �' - ap • • Co • STATE OF IDAt;I� )PUBS'` %19 County of Valley. 's.„')1 PE OF,eeeee "sem..�.eee On this c2 day of 0 b" ,moo a.. PASSED AND APPROVED this day of ��.y� , 2007. CITY OF McCALL ATTEST • ity C 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. 0181011tJ81. �0'.0. 0g GR O).:40P. • ®b® ••• •®e `Oo c. • 4- o I. . ,�▪ ® • s vow •m . N M e • d ® ▪ ° ./b Cl ° 1 IfB 1.1 $•• 1oe1 ,L•+ •°•••ese 0+e f VI Fa *titttttOtt 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 .. 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