HomeMy Public PortalAboutOrd. 816 - Interim Moratorium on Rezone, Subdivision, PUDs, Scenic Route ApplicationsORDINANCE NO. 816
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO,
DECLARING AN INTERIM MORATORIUM FOR A PERIOD OF UP TO ONE
HUNDRED EIGHTY (180) DAYS; STATING THE FINDINGS AND REASONS FOR
A MORATORIUM; PROHIBITING THE FILING OF ANY APPLICATION FOR A
REZONE, SUBDIVISION, PLANNED UNIT DEVELOPMENT AND/OR SCENIC
ROUTE APPLICATION PERMITTED UNDER TITLE 3 OF THE CITY CODE
DURING THE MORATORIUM PERIOD; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of McCall (the "City") contained approximately 2,250 homes at the
time of the 2000 census; and
WHEREAS, since January 2001 the City has approved 18 subdivisions, adding over 355
potential homes to the City, and one planned unit development (PUD) for a 240 site
recreational vehicle park; and
WHEREAS, as of April 11, 2005 there were active applications at the City for 22 new
subdivisions containing 956 proposed homes; and
WHEREAS, the new housing proposed or approved since 2000 is the equivalent of 58
percent of the total housing that existed in McCall in 2000 and represents a growth rate in
excess of 10 percent annually; and
WHEREAS, McCall City Code (MCC) 6-3-010 states that for the purpose of promoting
health, safety and the general welfare of McCall, a system for the collection, transmission
and disposal of sanitary sewage shall be constructed, extended, maintained, repaired,
replaced, operated, and removed within the corporate limits of the City of McCall by
which to provide an adequate system for the collection, transmission and disposal of
sanitary sewage from domestic, commercial, industrial and such other uses and purposes
for which said system may be used; and
WHEREAS, the Payette Lakes Recreational Water and Sewer District (District) provides
wastewater collection services to District customers and conveys collected wastewater to
the City of McCall wastewater treatment facility for treatment and land application of the
resulting effluent; and
WHEREAS, JUB Engineers, Inc. (JUB), acting as the District's engineer, by letter on
September 16, 2004 informed the District and the City that, in JUB's opinion, the City's
land application system for disposal of treated effluent was at capacity; and
WHEREAS, Holladay Engineering Company (HECO), acting as the City's engineer, by
letter on October 28, 2004 concurred with the analysis of JUB, recommended a
moratorium on new building permits until additional analysis could be conducted and
improvements implemented, and informed the City that, in its capacity as City Engineer,
WHEREAS, the City by letter on April 12, 2005 requested that the Valley County Board
of Commissioners extend the moratorium on zoning, subdivision, planned unit
development and/or scenic route applications to the City of McCall Impact Area of
unincorporated Valley County (Impact Area); and
WHEREAS, on July 18, 2005 the Valley County Board of Commissioners implemented a
moratorium on zoning, subdivision, planned unit development and/or scenic route
applications within the Impact Area, said moratorium to expire on January 1, 2006 or
when the City of McCall lifts its moratorium; and
WHEREAS, the McCall City Council on July 28, 2005 found that the existing City sewer
system, including the collection systems and treatment facilities, are at or approaching
their respective capacity limits such that the issuance of unrestricted additional service
hook-up permits would lead to harmful consequences to the general welfare of the City
and its environs; and
WHEREAS, to preclude such consequences until such time as additional capacity has
been developed, the McCall City Council has limited sewer service hook-ups to 175
equivalent dwelling units annually; and
WHEREAS, the McCall City Council has directed staff to develop and implement an
annual program of Infiltration and Inflow (I/I) mitigation improvements to limit non -
wastewater flows within the City wastewater collection system; and
WHEREAS, the McCall City Council has directed staff to develop and implement a
program of annual improvements to the City wastewater land application system to
provide land application capacity consistent with the capacity of the existing City
wastewater treatment plant and winter storage pond; and
WHEREAS, the McCall City Council has directed staff to immediately commence
planning for additional wastewater treatment capacity consistent with the long range
needs of the City of McCall as described in the City of McCall Comprehensive Plan; and
WHEREAS, the McCall City Council has directed staff to analyze the impact of the
annual I/I mitigation program, the annual land application improvement program, and
other capital investment in the sewer collection, treatment, effluent storage, and effluent
disposal systems on the City's sewer rate structure and to bring any recommendations for
changes to this structure to the City Council for consideration; and
WHEREAS, the City has prepared and distributed a "Public Review Draft" of the
proposed Zoning and Subdivision ordinances dated July 11, 2005; and
WHEREAS, on June 28, 2005 the City Planning and Zoning Commission met with the
Valley County Planning and Zoning Commission to discuss the proposed Zoning and
Subdivision ordinances and the process for their adoption by the City and by the County;
and
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: This Ordinance shall take effect immediately upon its passage and approval.
DATED this aa'"�day of SW ..ALr, 2005.
CITY OF MCCALL
Valley County, Idaho
Kirk Eimers, Mayor
ATTEST:
•
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. 3 I b is a true and correct copy of an
ordinance passed at a regular meeting of the Council of the City of
McCall held on Seo.,,.,,b,- 'a , 2005 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 aa"Aday of S#„.k- 2005.
Dan Irwin, City Clerk
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fisher's Affidavit of Publication