HomeMy Public PortalAboutOrd. 809 - Emergency Moratorium - Zoning, Subdivision, PUD, SRORDINANCE NO. 809
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO,
FINDING THAT AN IMMINENT PERIL TO THE PUBLIC WELFARE EXISTS AND
IMPLEMENTING IMMEDIATELY A MORATORIUM ON ZONING, SUBDIVISION,
PLANNED UNIT DEVELOPMENT AND/OR SCENIC ROUTE APPLICATIONS,
WITHIN THE CITY LIMITS OF MCCALL.
WHEREAS, the City of McCall (the "City") is currently undertaking an assessment of
the condition and capacity of the City's wastewater collection, treatment, and disposal
systems; and
WHEREAS, the City is currently undertaking a comprehensive revision of the City's
zoning and subdivision ordinance; and
WHEREAS, pursuant to Idaho Code Section 67-6523, the City may adopt an emergency
resolution declaring a moratorium on certain classes of permits for a period not to exceed
one hundred and eighty two (182) days.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MCCALL, IDAHO, as follows:
Section 1: The City Council hereby finds that an imminent peril to the public welfare
exists caused by the need to assess the condition and capacity of the City's wastewater
collection and treatment systems and to upgrade the City's zoning and subdivision
ordinances because of the following:
a. development applications already received by the City may exceed the
current capacity of the City's wastewater collection, treatment and
disposal system;
b. the volume of development applications being received by the City
exceeds the City's capacity for adequate public safety and public facility,
utility, and service impact review under the structure of the current
ordinances;
c. the volume of development applications being received by the City
exceeds the City's capacity for informed staff, appointed official, elected
official, affected property owner, and public involvement in decision
making under the structure of the current ordinances; and
d. the City's zoning and subdivision ordinances have not been updated since
the latest update of the City's Comprehensive Plan and do not implement
Comprehensive Plan goals and objectives in the areas of Private Property
Rights, Population, Environment, Land Use, Community, Housing,
Schools, Public Facilities, Utilities, and Services, Transportation,
Recreation, and Economic Development.
Section 2: The City Council hereby declares a moratorium on all zoning, subdivision,
planned unit development and/or scenic route applications within the City. The
moratorium shall not apply to records of survey, maintenance and repair of existing
buildings, building permits for new construction on existing lots within the City,
conditional use permits, variances, or complete applications for Preliminary Plat and/or
PUD General Plan approval which were filed prior to the effective date of this Ordinance,
or applications for Final Plat Approval of property included in the said Preliminary Plats
and/or PUD General Plans, as approved.
Section 3: This moratorium will terminate at the behest of the City Council or one
hundred and eighty two (182) days from the adoption of this resolution, whichever occurs
first.
Section 4: This Resolution shall take effect immediately upon its passage and approval.
DATED this 1 lth day of April, 2005.
CITY OF MCCALL
Valley County, Idaho
16,11 e
Kirk Eimers, Mayor
ATTEST:
Dan Irwin, City Clerk
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City of McCall
Certificate of Recording Officer
STATE OF IDAHO }
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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. 809 is a true and correct copy of an
ordinance passed at a regular meeting of the Council of the City of
McCall held on April 11, 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 12th day of April 2005.
Dan Irwin, City Clerk
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