HomeMy Public PortalAboutOrd. 848 - Building Heights in Scenic Overlay Portion of Airport Zone - Title 3ORDINANCE NO. 848
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO
AMENDING SECTION 3.7.031, LANDS INCLUDED, OF CHAPTER 7, SPECIAL
DISTRICTS, OF TITLE III, ZONING, OF THE McCALL CITY CODE; AMENDING
SECTION 3.7.032, REQUIREMENTS FOR DEVELOPMENT, OF CHAPTER 7,
SPECIAL DISTRICTS, OF TITLE III, ZONING, OF THE McCALL CITY CODE;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, McCall City Code 3.7.03 establishes a Scenic Route Zone to preserve,
maintain and improve visual access from public collector and arterial streets and to
improve the visual quality of existing streets and adjacent uses, and control the visual
quality of future development; and
WHEREAS, the McCall Municipal Airport is located within the Airport Zone; and
WHEREAS, a portion of the Airport Zone is also located within the Scenic Route Zone;
and
WHEREAS, McCall City Council desires to amend the Zoning Code to require that the
Scenic Route Zone requirements of 3.7.03 apply within that portion of the Airport Zone
also located within the Scenic Route Zone.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF McCALL, IDAHO:
Section 1: That Section 3.7.031, defining the lands included in the Scenic Route
Zone, of Chapter 7, Zone SR, Scenic Route, of Title III, Zoning, of the McCall City
Code, is hereby AMENDED as follows:
3.7.031: LANDS INCLUDED:
The scenic route zone includes:
(A) One hundred fifty foot (150') wide strips of land bounded by the right of way lines
of the following named streets, and by lines parallel to and one hundred fifty feet
(150') away from such right of way lines, together with any right of way not part
of the roadway:
1. State Highway 55, from the southern boundary to the northern boundary
of the impact area (Third Street and Lake Street).
2. East Side Road and East Side Drive from Lick Creek Road to Warren
Wagon Road.
3. Warren Wagon Road to the northern boundary of the area of city impact.
4. Lick Creek Road from the intersection of Spring Mountain Boulevard east
to the eastern boundary of the impact area.
5. Spring Mountain Boulevard from Deinhard Lane to Lick Creek Road.
Ordinance No. 848 page 1
6. Deinhard Lane from 3rd Street (Highway 55) to Spring Mountain
Boulevard and from 3rd Street (Highway 55) to Boydstun Street.
7. Boydstun Street from Deinhard Lane to West Lake Street (Highway 55).
8. Mission Street and Norwood Road to boundary of the area of city impact.
9. West Mountain Road, including the proposed eastward extension to
Boydstun Street or Deinhard Lane, extended to the western or southern
boundary of the area of city impact.
(B) Any structure or a portion thereof which may be visible when traveling along the
roadways designated above and any part of which is located on a lot any portion
of which is within one hundred fifty feet (150') of the nearest right of way line of
a road named in this section or designated pursuant to this section; such a
structure is subject to design review and approval under Chapter 16, "Design
Review", of this title, notwithstanding that portions of the structure are not on
land that is within this zone.
(C) Upon the approval by the city council of the airport master plan, lands within the
Section 2: That Section 3.7.032, defining the requirements for development in the
Scenic Route Zone, of Chapter 7, Zone SR, Scenic Route, of Title III, Zoning, of the
McCall City Code, is hereby AMENDED as follows:
3.7.032: REQUIREMENTS FOR DEVELOPMENT:
Prior to the issuance of a building permit, and prior to any clearing, grubbing, excavation,
or other construction (including removal of any existing structures or improvements), the
owner shall apply to the commission for approval of a site plan. Procedures for the
processing of the application shall be governed by the procedural rules set out in
subsection (H) of this section. A building permit shall neither be issued, nor any such
work or construction undertaken, until approval of the site plan and design approval of
proposed structures in accordance with chapter 16 of this title.
(A) Materials Provided By Applicant: The applicant shall furnish graphic or pictorial
material sufficient to indicate the nature of any proposed development or
improvement to include signing and landscaping, and an indication of obscured
views, if any.
(B) Commission Determination: The commission shall ascertain whether the
proposed development, improvement or use will:
1. Block or disrupt the visibility of significant views or features.
2. Be compatible (in terms of setback, bulk, height, design, finish materials,
signing and landscaping) with its immediate surroundings and the desired
visual quality of the scenic route.
(C) Structure Height: The maximum height for any structure is thirty five feet (35').
(D) Setbacks: All structures in subdivisions platted after March 16, 2006, are to be set
back from the property line not less than seventy five feet (75'), except that where
the lot is within any residential zone, commercial zone, airport (AP) zone, or
industrial zone, the setbacks provided for such zone shall govern instead. The
Ordinance No. 848 page 2
setback requirements for parcels along South Third Street (Highway 55) from
Deinhard Lane to the south boundary of the impact area are as follows:
1. Adjacent to, or within, three hundred feet (300') of a street intersection, the
setback will be ten feet (10').
2. Otherwise, the setback will be thirty five feet (35').
(E) Timber Harvesting: The existing forest in the McCall area is considered a public
resource, important to the character of the planning jurisdiction and its tourist
economy. Priortothe issuance of a relevant building permit, theharvestingof
timber shall be limited to dead, dying or damaged timber. Slash shall not be
accumulated or piled within view of the roadway. Following issuance of a
relevant building permit, tree removal is additionally permitted within the area of
the building footprint; other structures, driveways, and other improvements, and
in accord with section 3.8.04, "Fire Hazard Mitigation Standards", of this title.
Development of the lot should endeavor to preserve standing, healthy trees
outside the area occupied by improvements; lawn not being considered an
improvement for these purposes. Landscaping shall replace trees harvested or
removed.
(F) Access Roads:
1. Access roads in subdivisions and resubdivisions platted after March 16,
2006, will be kept to a minimum. Every subdivision platted after March
16, 2006, shall provide an interior roadway providing access to each lot,
which interior roadway shall connect to the scenic route at a single point
of access, as is the case with Lucks Point subdivision, for example, except
as the fire chief may require an additional access. The intersections of any
two (2) access roads with the scenic route in the impact area and any
portion of the planning jurisdiction that was in the impact area on March
16, 2006, shall be no closer than one thousand feet (1,000') to each other.
Where the entire frontage of a parcel on the scenic route on March 16,
2006, is less than one thousand feet (1,000') from the intersection of its
side boundaries with the right of way, and if an agreement with adjacent
property owners for a common property line point of access is not reached
after bona fide effort, that shorter distance between intersections is
permitted which is consistent with a minimization of points of access.
Direct driveway access shall be discouraged to the scenic route in the
impact area.
2. Inside the city limits within existing subdivisions where individual lots
with scenic route right of way as a lot boundary cannot obtain access to
the public road from a road interior to the subdivision, direct access onto
the scenic route may be allowed; provided, that the driveway distances in
the applicable zone shall apply. In such cases, common driveways on
common lot lines, thus two (2) driveway accesses per four (4) lots, may be
required.
(G) Bike Paths: Some or all of the routes listed in section 3.7.031 of this chapter are
designated by the parks and recreation master plan (see the "McCall Bike Path
Master Plan, 2005") to have a bike path, walkway or other recreational routing
Ordinance No. 848 page 3
alongside, or as a part of the scenic route. Where such designation exists, the
commission shall assist in the effectuation of the master plan by the exaction of
recreational easements or dedication of additional right of way or other techniques
to ensure a continuous route for such uses. In all cases, the city must show that
such exaction is roughly proportional to the impacts of the development and that
the conditions for implementing portions of the bike paths are to be based upon an
individualized determination for each development that the conditions are related
to both the nature and extent of such impacts.
(H) Procedural Rules:
1. If the construction or exterior remodeling (including painting, roofing,
siding, etc.) relates to a commercial, industrial, or mixed used building,
buildings within the airport (AP) zone, or the enlargement of an existing
such building; or to a new residential building of three thousand five
hundred (3,500) square feet, or more, of living space; or covering more
than the maximum lot coverage permitted in the applicable zone on which
it is located (see chapter 3, "Residential Zones And Standards", of this
title); or to an enlargement of an existing residential building which is (or
as a result of the enlargement will be) larger than three thousand five
hundred (3,500) square feet; the procedure followed shall be identical to
that for a conditional use.
2. If the construction relates to a sign, and in other cases not specifically
addressed in subsection (H)1 of this section, the procedure shall be to
submit the matter to the commission for review without public hearing or
notice other than agenda notice.
3. If the construction relates to the modification of an existing, previously
approved sign, the procedure shall be to submit it to the administrator for
review. Approval is required in any event in accordance with the
provisions of chapter 16, "Design Review", of this title.
4. Exceptions in the opinion of the administrator. Scenic route approval will
not be required for the following building or site modifications (although a
building permit may be required):
(a) Interior remodeling of a structure which does not impact the
exterior appearance of the structure or significantly impact the
parking, landscaping or other exterior uses of the property.
(b) Repairs to an existing building if the outward appearance is not
significantly changed.
(c) Improvements to or maintenance of an existing building or site
where these do not significantly impact the outward appearance of
the building or site.
5. No approval by council is required unless there is an appeal to the council
from the decision of the commission.
Section 3: EFFECTIVE DATE: This ordinance or a summary thereof, shall be
published once in the official newspaper of the City, and shall take effect upon its
passage, approval, and publication.
Ordinance No. 848 page 4
PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS DAY
OF .Jcy�L�� 2008.
APPRC)VED BY THE MAYOR OF THE CITY OF McCall, IDAHO, THIS Ar DAY
OF
, 2008.
Approved:
ert Kulesza, M. or
Attest:
By
Fruie , Acting Clerk
Ordinance No. 848 page 5