HomeMy Public PortalAboutOrd. 818 - Title III Zoning - Expand Scenic Overlay DistrictORDINANCE NO. 818
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO
AMENDING SECTIONS 3-16-010, PURPOSES, 3-16-020, LANDS INCLUDED, AND
3-16-030, REQUIREMENTS FOR DEVELOPMENT, OF CHAPTER 16, ZONE SR,
SCENIC ROUTE, OF TITLE III, ZONING, OF THE McCALL CITY CODE, TO EXPAND
THE SCENIC OVERLAY DISTRICT TO INCLUDE PROPERTIES NEAR DEINHARD
LANE, BOYDSTUN STREET, AND MISSION STREET; CHANGING SETBACK
REQUIREMENTS, TIMBER HARVESTING RESTRICTIONS, AND ESTABLISHING
NEW PROCEDURES FOR BUILDING WITHIN THE DISTRICT AND EXCEPTIONS
TO THE REGULATIONS.
NOW, THEREFORE, BE IT ORDAINED BY
COUNCIL OF THE CITY OF McCALL, IDAHO:
Section 1: That Section 3-16-010, Purposes, of
Scenic Route, of Title III, Zoning, of the McCall City Code, is
follows, to -wit:
3-16-010: PURPOSES:
THE MAYOR AND
Chapter 16, Zone SR,
hereby AMENDED as
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. To preserve and maintain the scenic quality
of Warren Wagon Road, East Side Drive, and East Side Road.,
State Highway 55, and other routes as defined below.
Section 2: That Section 3-16-020, Lands Included, of Chapter 16, Zone
SR, Scenic Route, of Title III, Zoning, of the McCall City Code, is hereby AMENDED as
follows, to -wit:
3-16-020: LANDS INCLUDED:
The Scenic Route District includes:
(A)_ One hundred fifty (150) 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 (150)
feet (150') away from such right-of-way lines, together
with any right of way not part of the roadway:
1. State Highway 55, its bypass, and any business
alternate, when constructed or designated 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 Impact; -and
4. Lick Creek Road from the intersection of Spring
Mountain Blvd. east to the eastern. P •lgri,.n ! o e n oµa- e`er
to the boundary of the iImpact aArea:;
Additional d b deatea
au.
this District by amending this Section.
5. Spring Mountain Blvd. from Deinhard Lane to Lick
Creek Road;
6. Deinhard Lane from 3rd Street (Highway 55) to
Spring Mountain Blvd. and from 3rd Street (Highway 55)
to Bovdstun Street;
7. Bovdstun Street from Deinhard Lane to West Lake
Street (Highway 55);
8. Mission Street and Norwood road to boundary of
the Area of City Impact.
(B), Any structure or a portion thereof any part of which may be
visible when traveling along the roadways above and is
located on a lot. any portion of which is within one hundred
fifty (150) 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 site plan
review na oval under Section 3 16 030 of this
Chapter, notwithstanding that portions of the structure are
not on land that is within the District this Zone.
Section 3: That Section 3-16-030, Requirements For Development, of
Chapter 16, Zone SR, Scenic Route, of Title III, Zoning, of the McCall City Code, is hereby
AMENDED as follows, to -wit:
3-16-030: REQUIREMENTS FOR DEVELOPMENT:
Prior to the issuance of a building permit, -other t a„ f r ^ sig'
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 procedures
set out in subsection (G) of this Section below. No 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 this Chapter.
(A)_ The Applicant shall furnish Ggraphic Oor Ppictorial
Mmaterial: 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, obscured.
(B)_ Significant Views Or Features; Compatibility With
Surroundings: The Planning -Commission shall ascertain
whether the proposed development, improvement or use
will:
1. Block or disrupt the visibility of significant views
or features. Unless approved under the standards of
subsection (B)2 of this Section, no structure shall be
approved within that portion of the Zone which includes
East Side Drive and Warren Wagon Road except upon
those lands that prior to March 2'l, 1991, are a portion of
a platted subdivision or have already been otherwise
subdivided into individual parcel, in a pattern suitable,
without further subdivision, for the commercial or
residential uses typically being made in the vicinity.
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.
3. The maximum height for any structure is thirty -
five (35) feet.
(C)_ Setbacks: All structures in subdivisions platted after
March 24, 1994; are to be set back from the property line
not less than seventy—five (75) feet (75'), except that
where the lot is within Zones A, B, C, CB or GC any
residential zone or commercial zone, the setbacks
provided for such Zone shall govern instead. The
setback requirements for parcels along South Third Street
(Highway 55) from Dienhart Lane to the south boundary
of the Impact Area are as follows:
1. Adjacent to. or within, three hundred (300) feet of
a street intersection. the setback will be twenty (20) feet:
2. Otherwise. the setback will be thirty—five (35)
feet.
(D)_ 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. Prior to the issuance of a relevant building
permit, the harvesting of 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 27 030 3-8-04 Fire Hazard
Mitigation Standards. of this Title respecting fire hazard
mitigation. 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 -take
into consideration the replacement of replace trees
thereafter dying harvested or removed.
(E)_ Access Roads:
1. Access roads in subdivisions and re -subdivisions
platted after March 24, 1994 will be kept to a minimum.
Every subdivision platted after March 24, 1994 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 ilmpact
aArea and any portion of the Planning Jurisdiction that
was in the ilmpact aArea on March 24, 1994 shall be no
closer than one thousand (1,000) feet (1,000') to each
other. Where the entire frontage of a parcel on the Scenic
Route on March 24, 1994 is less than one thousand
(1,000) 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 Ilmpact aArea.
2. Inside the City limits, and in within existing
subdivisions where individual lots with Scenic Route
right of way as a lot boundary cannot obtain access to the
public road from some access a road interior to the
subdivision, direct access onto the Scenic Route mav be
allowed. provided that the driveway distances in the
applicable zone shall apply, although. In such cases.
common driveways on common lot lines, thus two (2)
driveway accesses per four (4) lots, are encouraged may
be required.
(F). Bike Paths: Some or all of the routes listed in Section
3-16-020 of this Chapter are designated by the Parks and
Recreation Master Plan (see the McCall Bike Path
Master Plan, 2005), first adopted in 19865- to have a bike
path, walkway or other recreational routing along side, 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.
(G)_ mural RulesProcedures:
1. If the construction or remodeling (including
Painting, roofing. siding. etc.) relates to a new
commercial,. er—industrial, or mixed use building, or the
enlargement of an existing such building; by thirty
percent (30%) or more; or to a new residential building
of five thousand (5,000) 3,500 square feet., or more, of
living space: or covering more than the maximum lot
coverage permitted in the applicable zone thirty percent
(30%) of the lot on which located;:, or to an enlargement
of an existing residential building which is (or as a result
of the enlargement will be) larger than -that 3,500 square
feet; the procedure followed shall be identical to that for
a eConditional uUse.
2. If the construction relates to a case sign. and in
other cases not specifically addressed in -this subSsection;
G.1., the procedure shall be to submit the matter to the
Commission for review without public hearing or notice
other than agenda notice.
PASSEcDnBBY
ovnA.k
APPROVED
_youl.,A,t AAA
r
Attest:
By
3. No approval by Council is required in either case
unless there is an appeal to Council from the decision of
the Commission.
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 reauiredl:
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 to an existing
building or site where these do not
significantly impact the outward appearance of
the building or site.
5. 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.
THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS D th DAY OF
, 2006.
BY THE MAYOR OF THE CITY OF McCall, IDAHO, THIS at, ri DAY OF
, 2006.
t A t
City Jerk
Approved:
By /4/
Mayo1U
A SUMMARY OF ORDINANCE NO. 818
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO
AMENDING SECTIONS 3-16-010, PURPOSES, 3-16-020, LANDS INCLUDED, AND
3-16-030, REQUIREMENTS FOR DEVELOPMENT, OF CHAPTER 16, ZONE SR,
SCENIC ROUTE, OF TITLE III, ZONING, OF THE McCALL CITY CODE, TO EXPAND
THE SCENIC OVERLAY DISTRICT TO INCLUDE PROPERTIES NEAR DEINHARD
LANE, BOYDSTUN STREET, AND MISSION STREET; CHANGING SETBACK
REQUIREMENTS, TIMBER HARVESTING RESTRICTIONS, AND ESTABLISHING
NEW PROCEDURES FOR BUILDING WITHIN THE DISTRICT AND EXCEPTIONS
TO THE REGULATIONS.
The principal provisions of the ordinance are:
X Section 3-16-010: Purposes; adding East Side Drive, State
Highway 55, and other routes thereto as defined in the
amendment.
X Section 3-16-020: Lands Included; changing the Scenic
Route District:
For State Highway 55 to include the southern boundary to
the northern boundary of the Impact Area (Third Street and
Lake Street);
For East Side Road, adding East Side Drive from Lick
Creek Road to Warren Wagon Road;
For Warren Wagon Road, extending it to the northern
boundary of the Area of Impact;
For Lick Creek Road, extending it from the intersection of
Spring Mountain Blvd. east to the eastern boundary of the
Impact Area;
Adding Spring Mountain Blvd. from Deinhard Lane to
Lick Creek Road;
Adding Deinhard Lane from 3rd Street (Highway 55) to
Spring Mountain Blvd. and from 3rd Street (Highway 55)
to Boydstun Street;
Adding Boydstun Street from Deinhard Lane to West Lake
Street (Highway 55);
Adding Mission Street and Norwood road to boundary of
the Area of City Impact;
Providing that both structures and portions of structures
visible when traveling along roadways located on any
portion of a lot which is within 150 feet of the nearest right-
of-way line of a road named in the Scenic Route District is
subject to site plan review.
X 3-16-030: Requirements For Development; providing for
the approval of a site plan prior to issuance of a building
permit, excepting signs from such requirements; providing
for design approval of proposed structures; delineating the
standards for site plan and design approval; requirements of
applicants to provide materials to the Commission;
changing setback requirements; providing for the maximum
height of new construction; limiting timber harvesting to
dead, dying or damaged timber and footprint; requiring a
building permit for and restricting additional tree removal;
limiting access roads in subdivisions and re -subdivisions
platted after March 24, 1994; designating bike paths;
amending procedures for building within the Scenic Route
District; setting forth exceptions to the regulations.
The Ordinance shall be effective upon publication of this Summary.
Violations of this Ordinance are misdemeanors pursuant to 1-3-1, McCall City Code.
The full text of the Ordinance amendments is available for review at City Hall and will be
provided by the City Clerk to any citizen upon personal request.
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS aL t DAY OF
ve .A.0 r3 , 2006.
Approved:
By /
Mayor (ti) 1<<a._m
Attest:
By Q6-6.11 - »tyitt
City Clerk
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 818
Certification of City Legal Advisor
of the Summary prepared
for the above -numbered Ordinance
The undersigned City of McCall Legal Advisor, having reviewed the above -
numbered Ordinance and the Summary for the above -numbered Ordinance, believes the
Summary of the above -numbered Ordinance is true and complete and that it provides
adequate notice to the public of the identity and principal provisions of the Ordinance.
Dated this l7th day of January, 2006.
William F. Nichols