HomeMy Public PortalAboutOrd. 863 - Crystal Beach Rezone - signedOrdinance 863
January 8, 2009
ORDINANCE NUMBER 863
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO REZONING
CRYSTAL BEACH CONDOMINIUM PROPERTY FROM THE COMMUNITY
COMMERCIAL ZONE TO THE R-8 MEDIUM DENSITY RESIDENTIAL ZONE;
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, the Crystal Beach Condominium Association has requested that property in its
possession be rezoned from Community Commercial Zone to the R-8 Medium Density
Residential Zone for purposes of removing a commercial structure and installing a parking lot to
serve the parking needs of the Crystal Beach Condominium Association; and
WHEREAS, the McCall Planning and Zoning Commission, pursuant to public notice as required
by law, held a public hearing on June 4, 2007 on the proposed zoning map amendment, made
findings as required by law, and recommended approval of the rezone request to the McCall City
Council because of a finding that the proposed zoning designation is generally in conformance
with the future land use map designations of the McCall Comprehensive Plan; 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; and
WHEREAS, the McCall City Council continued the public hearing to July 26, 2007 to afford the
applicant and the City the opportunity to construct a development agreement; and
WHEREAS, the McCall City Council continued the public hearing to August 9, 2007 to afford
the applicant and the City the opportunity to construct a development agreement that could be
brought back in final form for possible adoption; and
WHEREAS, the McCall City Council, pursuant to public notice as required by law, held a public
hearing on November 6, 2008 on the proposed zoning map amendment; and
WHEREAS, the McCall City Council continued the public hearing to November 20, 2008 to
afford the applicant and the City the opportunity to construct a development agreement; and
WHEREAS, The McCall City Council continued the public hearing to December 18, 2008 to
afford the applicant and the City the opportunity to construct a development agreement that
could be brought back in final form for possible adoption; and
WHEREAS, after receiving public testimony, the Council approved the findings of fact and
conclusions of 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:
Section 1: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and declare that
the rezone of the Crystal Beach Condominium Association Property does not require an amendment to
the Comprehensive Plan.
Section 2: The real property, all located within the City of McCall and particularly described in Exhibit
"A" is hereby rezoned from the subject property from Community Commercial Zone (CC) to Medium
Density Residential Zone (R-8) from and after the effective date of this ordinance.
Section 3: The zoning classification for the property described in Section 2 above is hereby established as
the R-8 Medium Density Residential Zone as provided in the Zoning Ordinance of the City Title 3,
Chapter 6.
Section 4: This Ordinance shall take effect immediately upon its passage and approval.
PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 8 DAY OF JANUARY,
2009.
APPROVED BY THE MAYOR OF THE CITY OF McCall, IDAHO, THIS 8 DAY OF JANUARY,
2009.
Attest:
By
BessieJo Warner, City erk
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Ordinance 863
January 8, 2009
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Ordinance 863
January 8, 2009
Exhibit A
Ordinance 863
January 8, 2009