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HomeMy Public PortalAboutOrd. 850 - Rezoning 1244 Louisa Ave from R8 to R16ORDINANCE NO. 850 AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING THE 3 PROPERTIES OF JOE AND SONIA WRIGHT AT 1244 LOUISA AVENUE FROM R8 MEDIUM DENSITY RESIDENTIAL TO R16 HIGH 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, on March 27, 2008, the McCall City Council approved a zoning map amendment to change the subject area (Lots 15, 16 & 17, Block 15, McCall's First Addition, City of McCall, Valley County, Idaho) to R16 High Density Residential to petiiiits the development of three single family residential dwellings. The zone allows a maximum density of three (3) dwelling units per the three lots; and WHEREAS, the proposed zoning map amendments are consistent with the Comprehensive Plan and the Future Plan Use Plan [MCC 3.13.052(D)]; and WHEREAS, The Commission concluded that the proposed zoning map amendment is in compliance with all other ordinances or laws of the City; and WHEREAS, the land use action is not detrimental to surrounding uses nor is it detrimental to the health, safety and general welfare of the public and taking into account the physical features of the site, public facilities, and existing adjacent developments and uses; and WHEREAS, the McCall Planning and Zoning Commission, in accordance with public notice procedure, held a public hearing on February 12, 2008 for purposes of hearing this zoning map amendment request. At that time, the Commission heard testimony on the proposed zoning map amendment portion of the land use application, 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 March 27, 2008 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. 850 Page 1 April 24, 2008 Section 1: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and declare that the proposed zoning map amendment does not require an amendment to the Comprehensive Plan. Section 2: The real property, all located within the City of McCall and particularly shown in Exhibit "A" is hereby rezoned from the R8 Medium Density Residential to, R16 High Density Residential, 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 R16 Zone as provided in the Zoning Ordinance of the City Title 3, Chapter 3. Section 4: This Ordinance shall take effect immediately upon its passage and approval. PASSED BY THE COUNCIL OF THE CITY OF McCall, IDAHO, THIS 24th DAY OF April, 2008. APPROVED BY THE MAYOR OF THE CITY OF McCall, IDAHO, THIS 24th DAY OF April, 2008. Approved: By ert Kulesza, Mayor Attest: By i ��ov� �� &AA, Brenna Chaloupka, Acting City Clerk Ordinance No. 850 April 24, 2008 Page 2 d`dW A.J_INIJIA Claire R. Remsberg, Architect, AA 73 rn rn 73 7, n rn n LTT /v rn D umoLls lou si �aaa�s fiaIooNM /, �o luawalla-a.� l`�� �uaoa4 �a�ON �Q th pr tr.„0 4,000: rci � ,,uajnosr, 7!0>c,0,,) i, obi rfifi p04/d 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. 850 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on March 27, 2008 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 27 day of March 2008. Brenna Chaloupka, Acting City Clerk Ordinance No. 850 Page 4 April 24, 2008