HomeMy Public PortalAboutOrd. 826 - Interim Moratorium on Building Height - Title 3ORDINANCE NO. 826
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, DECLARING
AN INTERIM MORATORIUM FOR A PERIOD OF UP TO ONE YEAR, THREE HUNDRED
SIXTY-FIVE (365) DAYS; STATING THE FINDINGS AND REASONS FOR A
MORATORIUM; PROHIBITING THE FILING OF ANY APPLICATION FOR A PLANNED
UNIT DEVELOPMENT WITH A BUILDING HEIGHT EXCEEDING THIRTY FIVE FEET
NEAR THE LAKE FRONT OF PAYETTE LAKE IN THE CENTRAL BUSINESS DISTRICT
PERMITTED UNDER TITLE 3 OF THE CITY CODE DURING THE MORATORIUM;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in February in 2006, the City of McCall enacted a new zoning and subdivision
ordinance which, among other things, permits, under limited circumstances, buildings to be
erected which are greater than 35 feet in height, not to exceed 50 feet in height; and
WHEREAS, questions have arisen from the public regarding what height limits are appropriate
within the City of McCall; and
WHEREAS, the City of McCall has begun the process of reviewing its Comprehensive Land
Use Plan; and
WHEREAS, the process of reviewing and amending the Comprehensive Land Use Plan is
expected to take at least one year; and
WHEREAS, in the process of reviewing the Comprehensive Land Use Plan for possible
amendments, changes may be made to policies relating to building height; and
WHEREAS, one area of the City of McCall in which building height issues are particularly
important is the area west of Third Street along the lake front, all of which property lies within
the Scenic Route Overlay District, the Central Business District, and the Shoreline Overlay
District; and
WHEREAS, there are currently no applications for Planned Unit Developments in this area west
of Third Street; and
WHEREAS, Building heights within the affected area may not exceed 35 feet without a Planned
Unit Development; and
WHEREAS, it is appropriate to impose a moratorium on Planned Unit Developments within the
area where the Scenic Route Overlay District, Central Business District, and Shoreline Overlay
District overlap; and
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Ordinance No. 826
Adopted 9-a8-o6
WHEREAS, it is appropriate to impose the moratorium to permit the City of McCall to review
and develop new Comprehensive Land Use Plan policies and ordinances, including those
pertaining to building height; and
WHEREAS, the McCall City Council has considered the potential impact on the City as a result
of adopting an interim moratorium, including impacts on developers, the economy, tourism, and
related matters, and has considered possible exceptions to any interim moratorium; and
WHEREAS, the McCall City Council has concluded that the adverse impacts of the interim
moratorium are outweighed by the overall benefit to the City and its citizens; and
WHEREAS, for the reasons stated herein, the McCall City Council finds that an imminent peril
to the public health, safety and welfare requires adoption of an interim moratorium for the period
set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
McCALL, IDAHO, as follows:
Section 1: Pursuant to Idaho Code §67-6524, the McCall City Council finds there is an
imminent peril to the public health, safety and welfare which requires an interim moratorium for
a period of up to one calendar year for all applications for Planned Unit Developments with
proposed building heights in excess of thirty five feet within the area west of Third Street in
which the Scenic Route Overlay District, the Central Business District, and the Shoreline
Overlay District overlap. The moratorium shall not apply to applications to Planned Unit
Developments, which were complete and were filed prior to the effective date of this ordinance.
Section 2: The interim moratorium declared herein applies to all real property located in the City
of McCall, Idaho, west of Third Street where the Scenic Route Overlay District, the Central
Business District, and the Shoreline Overlay District overlap.
Section 3: This moratorium will terminate three hundred sixty-five (365) days from the effective
date of this ordinance, or upon its repeal by the City Council, whichever occurs first.
Section 4: In the event that any court of competent jurisdiction declares any portion of this
interim moratorium to be invalid, then such judgment shall only affect that portion of the interim
moratorium so adjudicated; all other remaining portions of this interim moratorium shall remain
in full force and effect.
Section 5: Consider the following amendments to Title 3, the Zoning Ordinance for the City of
McCall:
A. Chapter 10 Planned Unit Development, by:
a. Delete section 3.10.07 H.; and
b. Delete section 3.10.07 L.
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Ordinance No. 826
Adopted 9- a S - 0 b
B. Chapter 6, Open Space and Public Zones and Standards, by:
a. To Table 3.6.03, add Note 4:
Exception to height allowances as noted in Chapter 7, Special Districts. All
buildings with a height over thirty-five feet (35') will require a Conditional Use
Permit and conform with the building step -back standard in Chapter 8, General
Design Standards.
b. Apply Note 4 to the Maximum Height in the CV District in Table 3.6.03.
Section 6: Initiate, in accordance with Title 3, Chapter 13, Section 3.13.04, the process to
consider the proposed amendments. Staff is directed to publish notice of the required public
hearings on October 5, 2006, to schedule the Public Hearing before the Planning and Zoning
Commission on or before October 24, 2006, and the Public Hearing before the Council on or
before October 26, 2006 or as soon thereafter as it may be scheduled.
Section 7: In the event the amendments proposed to Title 3, as previously stated above, are not
adopted, then the original action taken by the Council on August 21, 2006, to reject Ordinance
826 will remain in force.
Section 8: EFFECTIVE DATE: this Ordinance shall be in full force and effect from and after
its passage, approval and publication according to law.
PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS as? -1-14. DAY OF
Seufexv 6•er- , 2006.
APPROVED BY THE MAYOR OF THE CITY OF McCALL, IDAHO, THIS a.9 t'Iti DAY
OF S ep F.e rvth,ex' , 2006.
Attest:
Approved:
By:
William Robertson, Mayor
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Ordinance No. 826
Adopted 4 -a S -- 0
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. 826 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 28th, 2006 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 September 2006.
Joanne York, City°Clerk
Ordinance No. 826
Adopted September 28, 2006