Loading...
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 eo86iP.393rcoet S Approved: By • '� q eJOJm(iG-183 li 0 e9y r ° ;iii+ ipl,�� a e Ordinance 863 January 8, 2009 ert Kulesza, Mayor )�b Ordinance 863 January 8, 2009 Exhibit A Ordinance 863 January 8, 2009