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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