HomeMy Public PortalAbout1992.10.06 ANN - Malcolm Scott - Annexation RequestPUBLIC HEARING CHECKLIST
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TITLE: 1 hin�4-I-m //prcDperi
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DATE:
APPLICANT : MR /cc /1,v, 6f
ADDRESS:
PHONE:
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SWANSTROM 8 SWANSTROM
AGREEMENT
As part of the transaction made and entered into on the 20th day of
July, 1964, by and between the undersigned, H. L. BLACKWELL and ROCENA M.
BLACKWELL, husband and wife, of McCall, Idaho, hereinafter referred to as the
"Sellers", and SYLVIA McCLAIN, an unmarried woman, of Warren, Idaho, and
S. W. KNIGHT and GRACE KNIGHT, husband and wife, of Boise, Idaho, hereinafter
referred to as the "Buyers", and in consideration of said transaction, the
said Sellers do hereby covenant to and agree with the said Buyers, as follows:
The Sellers agree to convey a strip of land for roadway purposes
in order to provide more convenient ingress to and egress from
the lands being purchased by said Buyers from said Sellers in the
S'ISE1 and NE4SE,'—� of Section 16, Township 13 North, Range 3 East,
B. M., which strip of land is more particularly described as
follows:
Commencing therefore at the point of intersection of the North line
of the SW*SE41 said Section, Township and Range, and the easterly
line of the Right-of-way of State Highway 15, as now located;
thence East on the North line of said SW*SEA 343 feet; thence
southeasterly, and parallel to the easterly line of Right-of-way
of State Highway 15, a distance of 20 feet; thence West and
parallel to the North line of said SW'*SE4: a distance of 343 feet;
thence northwesterly on the easterly Right-of-way line of State
Highway 15 a distance of 20 feet .to the point of beginning.
but all upon the following terms and conditions:
1. That the owner or owners of the land adjacent to and immediately
North of the above described tract will convey to the said Buyers, their heirs
and assigns, a like twenty (20) foot strip of land so that the total width of
said roadway will be at least forty (40) feet.
2. That Mr. and Mrs. Harry Brandt will release and convey any interest
they have in lands within the above described roadway tract in exchange for
the conveyance by the said Sellers to the said Brandts of a strip of land
twenty (20) feet wide immediately South of and adjacent to the tract of land
now owned by the Brandts, and we agree to make such a conveyance to the Brandts
without cost to them.
3. That the Buyers, their heirs or assigns, will within a reasonable
time construct and maintain a roadway on the above described tract of land
and will construct and maintain the fence along the South side thereof.
1 The said Sellers further agree to forthwith make, execute and acknow-
2 ledge a good and sufficient deed of conveyance of the above described tract,
3 in favor of the Buyers, and a good and sufficient deed of conveyance of the
4 20 foot strip of land south of the Brandt tract, in favor of the said Brandts,
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SWANSTROM & SWANSTRRM
ATTORNEYS AT LAW
COUNCIL. 17:AHO
and to deposit both of said deeds with Swanstrom & Swanstrom, attorneys at
law, Council, Idaho, When the first two conditions stated above are fulfilled,
we agree that the two deeds shall then be delivered to the Grantees anamed
therein.
This Agreement shall run with the above described premises and it shall
inure to the benefit of and shall be binding upon the heirs, executors,
administrators and assigns of the parties named herein.
Dated: July 20, 1964.
H. L. Blackwell
Rocena M. Blackwell
STATE OF IDAHO )
: ss.
County of Valley )
0n this day of July, 1964, before me,..the undersigned, a Notary
Public in and for the State of Idaho, personally appeared H. L. BLACKWELL and
ROCENA M. BLACKWELL, husband and wife, known to me to be the persons'whose
names are subscribed to the foregoing instrument, and acknowledged to. me that
they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
Notary Public for Idaho, residing at
deans McCall, Idaho.
ORDINANCE NO. 620
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, ANNEXING THE REAL
PROPERTY DESCRIBED HEREIN AND ZONING IT TO BE ZONE C,
COMMERCIAL; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO, AS FOLLOWS:
Section 1. The Mayor and Council find that the
property described on Exhibit "A" to this Ordinance is land
contiguous to the City of McCall may be annexed by the City
pursuant to applicable State law, all affected property
owners having in writing requested annexation. The Mayor
and Council find that the requisite notices have been given
and the requisite hearings have been conducted.
Section 2. The property described on Exhibit
annexed by and into the City of McCall.
11All
is
Section 3. The property described on Exhibit "A" is
placed on the official zoning map and by this Ordinance into
Zone "C", Commercial District.
Section 4. That this Ordinance shall be in full force
and effect from and after its passage, approval and
publication as required by law, and the filing by the Clerk
of a certified copy of this Ordinance with each of the
following: the Valley County auditor, treasurer, and
assessor, and the State of Idaho Tax Commission.
Passed and approved November 24, 1992.
Mayor
ATTEST:
City Clerk
Ordinance No. 620, November 24, 1992
A parcel of land situated within the SW 1/4 SE 1/4,
Section 16, T. 18 N., R. 3 E., B. M., described as
follows:
Commencing at the S. 1/16 corner of such SE 1/4,
which corner bears N. 89° 54' 10" W. a distance of
1334 feet from the SE corner of such Section 16;
thence N. 0° 11' 10" E. along the East boundary of
such SW 1/4 SE 1/4 a distance of 611.00 feet to
the true point of beginning;
Thence continuing N. 0° 11' 10" E. a distance of
706.22 feet to the center of such SE 1/4;
Thence S. 89° 54' 25" W. along the North boundary
of such SW 1/4 SE 1/4 a distance of 737.78 feet to
a point;
Thence S. 16° 54' 25" E. along a line parallel to
and 343 feet easterly of the East right of way
line of Idaho State Highway 55 (formerly known as
Highway 15) a distance of 735.10 feet to a point;
Thence S. 89° 48' 50" E. a distance of 521.70 feet
to the point of beginning.
Exhibit "A" to Ordinance No. 620, November 24, 1992
PUBLIC HEARING NOTICE
The City of McCall City Council will hold a public hearing on
November 12, 1992 at 8:00 p.m. (or as soon thereafter as the
matter may in its turn be heard) at the McCall City Hall, 216
Park Street, McCall, Idaho. The hearing is for the purpose of
receiving testimony of interested persons concerning:
A request submitted by Malcolm Scott to annex the property
listed below into the McCall corporate city limits
A portion of SW 1/4 of SE 1/4 Section 16, Township 18 North,
Range 3 East, B.M., Valley County, Idaho, more particularly
described as follows:
Commencing at the S 1/16 corner of the SE 1/4, Section 16,
Township 18 North, Range 3 East, B.M. which corner is N. 89
deg. 54' 10" W. 1334.0 feet from the SE corner of said
Section 16; thence N. 0 deg 11' 10" East along the East
boundary of SW 1/4, SE 1/4 611.0 feet to the true point of
beginning; thence continuing N. 0 deg 11' 10" E 706.22 feet
to the center of the said SE 1/4; thence S 89 deg 54' 25" W.
along the North boundary line of said SW 1/4 SE 1/4 737.78
feet to a point; thence S 16 deg 54' 25" East parallel to and
343 feet Easterly of the East boundary of Idaho State Highway
55, 735.10 feet to a point; thence S 89 deg 48' 50" East
521.70 feet back to the true point of beginning.
EXCEPT: Reserving therefrom an easement for a public road
right-of-way across the entire north portion of this property
extending South 50' from the north boundary of said SW 1/4 SE
1/4.
Dated October /9 4 1992
Arthur J/Schmidt,
City Clerk
McCALI_ i't ' '+;`611D c`'t aki
EXHIBIT
RECEIVED -1a_
I '
'The
Star -News
P.O. Box 985 $ 1000 First Street
McCall, Idaho 83638 ' 634-2123
City of McCall
P.O. Box 1065
McCall, ID 83638
PAGE: 1
INVOICE NO.: 885
INVOICE DATE: 10/22/92
CUSTOMER ID: CMCAL
TERMS: Net 30
_ ITEM / DESCRIPTION
AMOUNT
Legal- Publi Hearing Scott
28.35
McCALL PLANNING & ZONING
7XHIBIT �7
lECEIVEO
DEPARTMENT APP • OOVAL u coo
Account 01-
,ionature
Date
Other
SALES TAX
0.00
TOTAL INVOICE
28.35
Publisher's Affidavit of Publication
STATE OF IDAHO
.ss
County of Valley
I, Ramona A. George, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF PUBLIC HEARING, a copy of which is enclosed hereto and is a
part hereof, was published in said newspaper once a week for one consecutive
week in the regular and entire issue of every number there of during the period
of time of publication, and was published in the newspaper proper and not in a
ement; and that publication of such notice began October 22, 1992 and
October 22, 1992.
,4aAl AIL
bscribed and sworn e ore
STATE OF IDAHO
COUNTY OF VALLEY
this t2nd
day of October, 1992.
On this 22nd day of October, in the year of 1992, before me, a
Notary Public, personally appeared Ramona A.George, known or identified to
me to be the person whose name subscribed to the within instrument, and
being by me first duly sworn, declared that the statements therein are true, and
acknowledged to me that she executed the same.
',107 9NINNVid-11V351u
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1993
•
PUBLIC HEARING
SCOTT REQUEST
ANNEX PROPERTY
The City of McCall City Council will
hold a)public hearing on November 12,
.1992 at 8:00 p.m. (or as soon thereafter
as the!inatter may in its turn be heard)
at thef McCall City Hall, 216 Park
Street, McCall, Idaho. The hearing is
for the purpose of receiving testimony of
interested persons concerning: '
A request submitted by Malcolm Scott
to annex the property listed below into
the McCall corporate city limits.
' A portion of SW 1/4 of SE 1/4 Section
16, Township 18 North, Range 3 East,
' B.M., Valley County, Idaho, more par-
' ticularly described as follows:
Commencing at the S 1/16 corner of
the SE 1/4, Section 16, Township 18
North,'Range 3 East, B.M. which corner
is N. 89 deg. 54' 10" W. 1334.0 feet from
the SE corner of said Section 16; thence
N. 0 deg. 11' 10" East along the East
boundary of SW 1/4, SE 1/4 611.0 feet to
the true point of beginning; thence con-
tinuing N. 0 deg. 11 10" E 706.22 feet to
the center of the said SE 1/4; thence S 89
deg. 54' 25" W. along the North bound-
ary line of said SW 1/4 SE 1/4 737.78
feet to a point; thence S 16 deg. 54' 25"
East parallel to and 343-feet Easterly of
the East boundary -of Idaho State
Highway 55, 735.10 feet to a point;
thence S 89 deg. 48' 50" East 521.70 feet
back to the true point of beginning.
EXCEPT: Reserving therefrom an
easement for a public road right-of-way
across the entire north portion of this
property extending South 50' from the
north boundary of said SW 1/4 SE 1/4.
Dated October 19th, 1992.
Arthur J. Schmidt,
City Clerk lt10/22
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City of McCall
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McCall, Idaho 83638
McCall City Council:
We are property owners of the current Alternative School and are
within 300 feet of the property being considered in the proposed
annexing action requested by Malcolm Scott.
We understand the purpose of this annexing is to obtain zoning for
a high -density mobile home park on this property. We are opposed
to annexation for this eventual purpose. We understand the need
for additional housing in the area, but feel a mobile home park in
this location would be extremely detrimental to McCall's
wholesome image.
Consider this: As visitors and residents; alike, crest the hill on
Highway 55 south of McCall, they would come upon a sea of
mobile home -- looking for .all the world like boxcars in a railroad
yard. If snow roofs were built over many of them, the effect would
be even worse. To demonstrate this point, we have enclosed
photographs of a mobile home park in Avon, CO, and of a high -
density mobile home park in Edwards, four miles west. Each
provides employee housing for Vail and Beaver Creek Ski Resorts.
In McCall, the existing land use in the area under consideration is
a mixture of single-family residential and commercial, along with a
new, light industrial park. The addition of a high -density
residential area would be an obvious discontinuity in the current
land use and could lead to conflict. For example, how would you
resolve the problem of a mobile home resident complaining about
noise from the light industrial area?
Other issues that would have to be resolved are the density of the
mobile homes, the extension of the city utilities as the area certainly
could not support septic and well systems, desirable landscaping
and fencing on three sides of the proposed area.
In many mountain areas in Colorado, permanent mobile homes are
banned. You have a chance to learn from the mistakes of so many
other vacation communities. Keep the image of McCall as one of a
pristine mountain town -- keep the sea of mobile homes MitL L PLANNING & ZONING
SXHIHIT .®1
J-C,E,NFO AA- ` 2_
Michael S. and Pat Jor__..
7197 Aspen Meadow Dr.
Evergreen, CO 80439
(303) 670-1149
MC CALL CITY COUNCIL
RE: Request submitted by Malcolm Scott to annex his property on
Jacob Street into the Mc Call corporate city limits.
There is a matter that needs to be`cleared up before annexation
can be considered. There is a discrepancy on one of his boundary
lines. At his SE corner, there are two (2) survey pins. One
survey was done by Mr. Kerr's office, and the other by Mr.
Russell's office. Each survey was on a different piece of
property. This boundary line also affects Kirkland Cabinet Shop,
Western Collision, Stein Distributing and the exact location of
E. Jacob Street. Those two (2) pins are on the NE corner of my
property, and affect my east boundary line. This creates a cloud
of title on all of the above properties. Map attached.
Until such time that the surveyors and adjoining property owners
all agree with the position of the correct pin; and the other pin
is removed; there should be no decision made upon Malcolm Scott's
request for annexation.
Sincerely, )/J
Patricia D. Morris
Dated November 8, 1992 Mc Call Campground
McCALL PLANNING & ZONING
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CITY OF McCALL
PLANNING AND ZONING COMMISSION
FINDINGS AND CONCLUSIONS IN SUPPORT
OF RECOMMENDATION IN FAVOR OF ANNEXATION
AND OF ZONING FOR ANNEXED PROPERTY
The Commission finds that:
1. A application for annexation of the property described
on Exhibit A to these Findings and Conclusions was
presented for public hearing on October 6, 1992 by
Malcolm Scott, as owner of the property.
2. The necessary notice was given.
3. The land in question is in Impact Area Zone E,
Agricultural. The adjacent (across the street)
properties to the North are each either in City Zone C
or City Zone E (Industrial). Land to the West is in
Impact Area Zone C, and other surrounding properties
are in Impact Zone E. Adjacent land uses are
commercial or light industrial to the north, west, and
East. The adjacent use to the South is a commercial
campground. Commercial zoning is the most logical
zoning for this property.
4. The property is contiguous to the City of McCall and
its annexation represents a logical extension of the
City limits.
5. The property in question was earlier proposed by the
Commission for Zone C under the proposed single zoning
ordinance for the City and Impact Area.
6. The property upon development cannot be put to its best
use effectively without concurrent or prior development
of Jacob Street to City standards, and assumption by
the City of road maintenance.
7. To annex the property without making appropriate
provision for the establishment and upkeep of Jacob
Street would be contrary to the public interest, in
that it would threaten further deterioration in the
existing street presently used for access to area
businesses.
8. Public right of way for Jacob Street exists for the
north half of the street in front of the westerly half
of the subject property. The County apparently owns
the north half of the street in front of the easterly
half of the subject property, and may likely cooperate
in necessary dedications. Dedication of right of way
by the applicant would complete right of way for Jacob
FINDINGS AND CONCLUSIONS IN SUPPORT October 7, 1992
OF APPROVAL OF ANNEXATION AND ZONING �' ��
Street from the east corner of the subject property,
West to Highway 55, but for the southerly part of the
street in front of the Payette Lakes Water & Sewer
District office. A deeded easement exists for Jacob
Street throughout, phrased is terms of a grant to named
grantees of an easement for a "public road."
9. Annexation would improve police protection in the area,
which is desirable for Zone C land uses. Annexation
would provide a vehicle for the improvement of Jacob
Street. Annexation is appropriate for regulatory
jurisdiction as to the extension of water and sewer
into the area, which is apparently underway.
The Commission concludes that:
10. The annexation is appropriate.
11. Th'e annexation may be conditioned upon a Development
Agreement, given that the annexation involves a zoning
action.
12. The annexation should be enacted subject to:
negotiation and execution of a Development Agreement
providing for dedication of right of way for Jacob
Street in front of the property being annexed, and
providing for the construction to City standards of
Jacob Street from the Easterly property line of the
property being annexed, to Highway 55, prior to
occupancy of uses on the property being annexed.
13. Upon annexation the property ought to be shown on the
City Zoning Map, and shown as zoned "C."
Dated:
Attest:
Edward G. Burton,
Acting Clerk
Larry Lovitt,
ice -Chairman
FINDINGS AND CONCLUSIONS IN SUPPORT October 7, 1992
OF APPROVAL OF ANNEXATION AND ZONING
CITY OF McCALL
PLANNING AND ZONING COMMISSION
MINUTES OF MEETING OF OCTOBER 6, 1992
The City of McCall Planning and Zoning Commission held a
regular meeting on October 6, 1992, at 7:30PM in the
upstairs conference room at City Hall, 216 East Park St. in
McCall, pursuant to standing rule and agenda notice posted
on City Hall door. Notice that the meeting place had been
changed from the downstairs Legion Hall/Council Chambers to
the upstairs conference room had been posted on the Legion
Hall door and on the front door of City Hall.
The meeting was called to order at 7:40 PM by Mr. Lovitt as
Vice -Chair with Commissioners Fitch, Eckhart, and Swanson
also present. The presence of a quorum was noted. The City
Attorney was present and acting as Clerk of the meeting, Ms.
Harley being ill. The recording machine being busy with the
City Council meeting downstairs, the keeping of full minutes
was appropriate. There were three members of the public
present, namely Jerome W. "Jerry" McCauley, Robin McCauley,
and David Kalange. No one else was present.
There were no minutes present to be approved.
The first order of business was the consideration of a
request by Malcolm Scott for the annexation of property
owned by him south of the centerline of Jacob. Street, and
immediately adjacent to the City limits which at that
location are also the centerline of Jacob Street. The
public hearing was opened and Staff's written memorandum was
made available to all and was summarized by the City
Attorney. Staff presented a vicinity map taken from a
conditional use application filed previously by this same
property owner respecting the same property, for use by the
Commission and the public in identifying the land affected
by the proposal.
A letter had been received from Patricia Morris of the KOA
campground which borders the subject property to the south,
expressing opposition to the annexation of the campground,
and expressing concerns about the design and density of the
mobile home park proposed by the property owner at an
earlier time. The Chair noted that the question of the
mobile home park was not before this Commission at this
time, and that annexation of the campground was not proposed
by this application. At the request of the Chair, the City
Attorney gave a brief synopsis of the history and present
status of the mobile home park conditional use application,
which has not been approved.
Jerry McCauley and Robin McCauley expressed concerns whether
the annexation would threaten their business land either
McCALL PLANNING & CONING
EXHIBIT
RECEDED 2'
with annexation or an unwanted public sewer connection. The
Commission and Staff responded that the annexation would not
materially change the annexability of their property and
that mandatory sewer connections in the City Code are for
properties inside the City with a sewer within 300 feet of
the property line.
McCauleys noted that they had heard about a sewer lift
station being installed on the property in question. The
City Attorney explained that the Payette Lakes Commercial
Center subdivision involved a sewer lift station, and that
Mr. Scott was in discussions with the developer of the
Commercial Center about coordinating water and sewer
improvements, and that those conversations had led to a
proposal to move the lift station from the Commercial Center
to the south end of the Scott property. The Attorney noted
that Mr. Scott had been advised that he would put water or
sewer into the property in question at his risk, as no
guarantee of approval of his trailer park was being offered.
It had been made very plain to Mr. Scott that if he tried to
use the presence of these facilities as an argument for
approval of the trailer park, that a "tilt" would be called.
McCauleys further expressed concern whether the property was
truly contiguous to the present City, and it was explained
that the City Limits and the north property line of the
property in question were the same line.
McCauleys also expressed concern that the property in
question should not be developed unless Jacob Street were
first publicly maintained. Commissioners pointed to right
of way and road standards concerns. The City Attorney noted
that dedication of the South half of Jacob St. adjacent to
the subject property is being requested by Staff, that the
Commercial Center across Jacob Street had dedicated, that
the business park at the northeast corner of Jacob and
Highway 55 had dedicated, and that the only real obstacle
might be the P. L. W. & S. D. location at the southeast
corner of that intersection. It was not known at the time
who was the owner of that property and whether or not he or
she would also dedicate the property. McCauleys repeatedly
stressed the importance of guaranteeing development of the
road prior to development of the property in question.
McCauleys presented for the record a letter from the
Kirklands, who also own a business located on property to
the east of the proposed annexation. The letter expressed
concern that there not be zoning changes in the neighborhood
until the City comes up with a different comprehensive plan,
concern that Jacob Street needs to be paved and maintained,
and that the opinions of the neighborhood on what should be
commercial or not should be taken into consideration. They
are also of the opinion that the trailer park should not be
approved until these issues are addressed. The Chair noted
again that the trailer park was not before the Commission as
this time. The City Attorney noted that the trailer park
proposal would have to come before the Commission as a new
proposal.
The Chair asked the City Attorney to sum up what the pros
and cons of the annexation were, which summary stimulated
further thoughts by the Commission and the audience.
McCauleys thought that annexation would substantially
improve police protection. It was noted that annexation
would improve the chances of getting the Jacob St. situation
resolved. The Chair and several commissioners noted that
development of the property would perhaps be better
controlled if inside the City; it was noted the City zoning
ordinance clearly addressed mitigation of neighborhood
concerns through its standards'for approval of conditional
uses, there being no similar provision in the Impact Area
ordinance. City revenue would be improved also, especially
after development. Negative factors identified were that
the cost of furnishing City services would increase upon the
development of Jacob Street and of the property, and that
straightening out the Jacob Street situation could be a
hassle.
The fact that the Commission had recommended Zone C for the
subject property as part of the proposed new zoning
ordinance and areawide rezoning was brought to the attention
of the Commission. It was noted by Staff that property
adjacent to the subject property to the north and west enjoy
commercial and industrial zoning and uses. It was noted by
the Chair that Commercial zoning for the subject property
was logical, and that, for example, putting the property
into Zone "A" so as to force the owner to petition for a
rezoning, would be unreasonable. Mr. Swanson expressed
concern that the person requesting annexation was required
to submit all the material to support a rezoning
application, as set out in the Ordinance. The City Attorney
said that the Courts had decided that annexation and zoning
upon annexation was a "legislative" action, not a "quasi-
judicial" action, and thus that the procedural steps
appropriate to a petition for rezoning were not necessarily
applicable and it would be within the discretion of the
Commission to proceed as it had upon the proposed areawide
rezoning, i.e. not to demand a petition from each property
owner.
Mr Kalange offered no opinion on the annexation, although he
did facilitate the conversation from time to time.
There being no further comment the taking of public
testimony was closed, and the Commissioners stated their
feeling that they had discussed the matter thoroughly in the
course of answering questions and discussing issues with the
McCauleys and Staff. On motion made, seconded and adopted
with Mr. Swanson dissenting, it was resolved to recommend
approval of the annexation, zoning of the property in Zone
C, and to waive the preparation of an impact report, subject
to a condition that there be a development agreement
executed between Mr. Scott and the City to the effect that
prior to commercial development of the subject property,
that Jacob Street be brought to a standard suitable for
public maintenance, from Highway 55 to the east end of the
property.
The next item of business to come before the meeting was an
inquiry from Mr. Kalange about how to deal with erasing lot
lines in order that, in one case, a home might be built
across what was now a lot line, and in another case, might
encroach upon a side line setback and at one corner cross a
lot line. Mr. Kalange felt that the City had "changed"
signals lately, and that that was unfair. The Commissioners
noted that the City policy was designed to prevent more
repetition of the many problems which plagued us now.
Discussion revealed that the existing lot line in both cases
was likely created by deed, and in one case was probably an
illegal subdivision of a platted lot. Commissioners and
Staff felt possibly the matter could be resolved without a
replat of the two lots in each case. The Commission
expressed an interest in learning what the costs of
replatting two lots into one really was, and why. The City
Attorney and Mr. Kalange are to meet soon and try to work
this out.
DATED: October 7, 1992
rry .ovitt, Vice -Chair
Edward G. Burton,
Acting Clerk
October 6, 1992
TO: City Planning and Zoning Commission
FROM: City Administrator
RE: Annexation, Malcolm Scott request
,McCAll PLANNING & ZONING
EXHIBIT
RECEIVED
I. ISSUES:
The area requested for annexation is adjacent to the
city limits along Jacob St., East of Highway 55. The
property is currently zoned E, Agricultural. The zoning
proposed by the new ordinance and map is to zone the
entire area Zone C, Commercial.
The Commission may base its recommendation on
annexation on a variety of considerations and, if a
positive recommendation, a zone also recommended for
imposition if the annexation is effected.
City Code Section 3-25-7, attached, is the only
section in the code speaking to the matter of annexation.
Section 3-25-4 B speaks to a requirement for any
Agriculture zoned property to have an impact study
completed rpiro to the zone change. If you wish such
a study you should specify the topics to be addressed, and,
if not, should waive this requirement in you action.
II. DISCUSSION:
The property may be served with city water, upon
completion of the Payette Lakes Commercial Center lines
along Jacob St. Similarly, city sewer service may serve
the property, when the Commercial subdivision is in place.
An amended sewer service plan is being considered to
serve this property by Mr. DuBoer and Mr. Scott.
The application does not address the use of the
property. Any comment on the ability of public safety
services to serve this area depend upon the
character of the proposed uses.
The roadway, Jacob St. is a problem in that the
corporate boundary runs down the centerline of the street.A
street dedication of adequate right-of-way (30' south of
the centerline will aid in resolving whether the city or
county are responsible for the street maintainence. WHile a
portion of the street right-of-way from Highway 55 to this
property boundary would not be dedicated, the annexation
with a dedication would aim toward resolution though not
completely.
The file contains one letter posing questions about
the use of the property and objecting to annexation of the
adjoining porperty which is not a part of this proposal.
Properties within the city, adjoining to the North
are zoned C, Commercial and E, Industrial.
III. RECOMMENDATION:
While this seems a logical extension of the city's
boundaries, the recommendation on the annexation is left
to .the commission's judgement, and is forwarded without a
staff recommendation on question of annexation.
If the parcel is recommended for annexation, Zone C
(existing code) is the recommendation for a zone for the
area.
Bud
3-25-4 - 3-25-7
(G) A vicinity map at a scale to sufficiently illustrate the property in question
and surrounding properties, roads and geographical features and including
the following:
1. North arrow.
2. Scale.
3. Names of adjacent property owners on the respective parcels.
4. Existing and proposed zoning.
5. Other items as the Commission may require.
A list of all property owners and their mailing addresses who are within
three hundred feet (300') of the external boundaries of the land being
considered.
A statement on how the proposed changes relate to the Comprehensive
Plan, availability of public facilities and compatibility with the surrounding
area.
Fees shall be paid by applicant at the time of filing an application under
the provisions of this Chapter. Fees shall be in accordance with a fee
schedule established periodically by the City Council by resolution. (Ord.
565, 4-26-90)
3-25-5: PROCEDURES: Upon receipt of an application to amend the Zoning
Ordinance or to reclassify a zoning district, the Planning
Commission shall proceed in accordance with the procedures outlined in Chapter
24 (Procedures, Appeals and Action by Affected Persons).
3-25-6: RESUBMISSION OF APPLICATION: No application for a
reclassification of any property which has been denied by the City
Council shall be resubmitted in either substantially the same form or with
reference to substantially the same premises for the same purposes within a
period of one year from the date of such final action, unless there is an
amendment in the Comprehensive Plan which resulted from a change In conditions
as applying to the specific property under consideration.
3-25-7: ZONING UPON ANNEXATION: Prior to annexation of an
unincorporated area, the City Council shall request and :receive a
recommendation from the Planning Commission on the proposed plan and Zoning
Ordinance changes for the unincorporated area. Both the Planning Commission
and the City Council shall follow the notice and hearing procedures provided in
Chapter 24 (Procedures, Appeals and Action by Affected Persons). Concurrently or
immediately following the adoption of an ordinance of annexation the City Council
shall amend the Comprehensive Plan and Zoning Ordinance.
590
3-25-3 3-25-4
(A) Any person or persons desiring to effect a change in the zoning
classification of a parcel or parcels of land shall file an application in
triplicate including the contents listed in Section 3-25-4 (Contents of
Application) and such further information that the Planning Commission,
upon examination of the application, may require.
In the case of a proposed reclassification of land in the Agricultural or
Urban Agriculture and Recreation Districts, the applicant(s) shall be
required, unless the requirement is waived by the Planning Commission, to
submit an impact study, independently prepared, and covering the social,
economic, fiscal and environmental impacts of the loss of such open or
agricultural land and of the generally proposed use or uses.
(C) Upon receipt of a request for amendment to the Zoning Ordinance, or for
reclassification of a zoning district, the Planning Commission shall:
1. Determine if the proposed change would also require an amendment to
the Comprehensive Plan' to maintain compliance between the two (2)
documents. If the request would require an amendment to the
Comprehensive Plan, the legal notice for public hearing may include notice
for the proposed changes to both the Comprehensive Plan and the Zoning
Ordinance.
(8)
2. Set the date for and hold a public hearing and subsequently make
recommendations to the City Council for approval or denial of the request
in accordance with the provisions set forth in Chapter 24 (Procedures,
Appeals and Action by Affected Persons). (Ord. 387, 7-2-79)
3-25-4: CONTENTS OF APPLICATION: Applicants for amendments to the
Comprehensive Plan and/or reclassification of zoning districts shall
contain at least the following information:
(A) Name, address and phone number of applicant.
(B) Proposed amending ordinance, approved as to form by the City Council.
(C) Present land use.
(D) Present zoning district.
(E) Proposed use.
(F) Proposed zoning district.
1. See Chapter 18 of this Title.
590
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City o f McCall
OFFICE OF THE CLERK
BOX 1065
McCALL, IDAHO 83638
TO WHOM IT MAY CONCERN;
The attached notice is sent to you since you are an affected
property owner within 300 feet of the proposed zoning
action. You are invited to attend the public hearing
and comment or to respond in writing prior to the hearing date.
' 4
Arthur J.; chmidt
City Cleric
x(?i%c/ /LLS
c?
*CALL PLANNING & ZONING
EXHIBIT .?
RECEIVED T'/�q2
The
Star -News
P.O. Box 985 11000 First Street
McCall, Idaho 83638.634-2123
City of McCall
P.O. Box 1065
McCall, ID 83638
K]MO[ICC
PAGE: 1
INVOICE NO.: 845
INVOICE DATE: 9/17/92
CUSTOMER ID: CMCAL
TERMS: Net 30
ITEM / . DESCRIPTION
AMOUNT
Public Hearing -Malcolm Scott
28.98
McCALL PLANNING Pt /ONING
EXHIBIT
RECEIVED 1/7-I
SALES TAX
0.00
TOTAL INVOICE
28.98
r_J
Publisher's Affidavit of Publication
STATE OF IDAHO
.ss
County of Valley
1, Ramona A. George, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF PUBLIC HEARING, a copy of which is enclosed hereto and is a
part hereof, was published in said newspaper once a week for one consecu-
tive week in the regular and entire issue of every number there of during the
period of time of publication, and was published in the newspaper proper and
not in a supplement; and that publication of such notice began September 17,
and ended September 17, 1992.
:i44i11
Sub cribed and sworn before me to 17t; day of September, 1992.
STATE OF IDAHO
C UNTY OF VALLEY
=, r
r
E On this 17th day of September, in the year of 1992, before me, a
NNo iary Public, personally appeared Ramona A. George, known or identified to
m 90 be the person whose name subscribed to the within instrument, and
berg by me first duly sworn, declared that the statements therein are true, and
acEowledged to me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1993
PUBLIC HEARING
SCOTT ANNEX PROPERTY
Thet City of McCall Planning and
;Zoning Commission will hold a public
;hearing on October 6, 1992 at 7:30 p.m.
,(or as 'soon thereafter as the matter may •
in its turn be heard) at the McCall City
jHall, 216 Park Street, McCall, Idaho.
'The hearing is for the purpose of receiv-
ing testimony of interested persons con-
'cerning:
A request submitted by Malcolm Scott
to annexthe property listed below into
the McCall corporate city limits.
A portion of SW 1/4 of SE 1/4 Section
'16, Township 18 North, Range 3 East,
,B.M., Valley County, Idaho, more par-
;ticulaily described as follows:
Commencing at the S 1/16 corner of
;the SE( 1/4, Section 16, Township 18
NorthiRange 3 East, B.M. which corner
is N. 89 deg. 54' 10" W. 1334.0 feet from
'the SEjcorner of said Section 16; thence
'N. 0 deg. 11' 10" East along the East
'bound'ary of SW 1/4, SE 1/4 611.0 feet to
'the trice point of beginning, thence con-
tinuing N. 0 deg. 11 10" E 706.22 feet to
'the center of the said SE 1/4; thence S 89
deg. 511' 25" W. along the North bound-
iary lire of said SW 1/4 SE 1/4 737.78
:feet to, a point; thence S 16 deg. 54' 25"
,East parallel to and 343 feet Easterly of
the East boundary of Idaho State
Highway 55,- 735.10 `feet to a point;
;thence 'S 89 deg. 48' 50" East 521.70 feet
'back to the true point of beginning.
EXCEPT: Reserving therefrom an
;easement for a public road right-of-way
'acrossthe entire north portion of this
'propety extending South 50' from the
north boundary of said SW 1/4 SE 1/4.
Dated September 11, 1992.
Sue Harley,
'Planning and
'Zoning Clerk 1t9/17
PUBLIC HEARING NOTICE
The City of McCall Planning
public hearing on October
thereafter as the matter may
City Hall, 216 Park Street,
the purpose of receiving
concerning:
and Zoning Commission will hold a
6, 1992 at 7:30 p.m. (or as soon
in its turn be heard) at the McCall
McCall, Idaho. The hearing is for
testimony of interested persons
A request submitted by Malcolm Scott to annex the property
listed below into the McCall corporate city limits
A portion of SW 1/4 of SE 1/4 Section 16, Township 18 North,
Range 3 East, B.M., Valley County, Idaho, more particularly
described as follows:
Commencing at the S 1/16 corner of the SE 1/4, Section 16,
Township 18 North, Range 3 East, B.M. which corner is N. 89
deg. 54' 10" W. 1334.0 feet from the SE corner of said
Section 16; thence N. 0 deg 11' 10" East along the East
boundary of SW 1/4, SE 1/4 611.0 feet to the true point of
beginning; thence continuing N. 0 deg 11' 10" E_706.22 feet
to the center of the said SE 1/4; thence S 89 deg 54' 25" W.
along the North boundary line of said SW 1/4 SE 1/4 737.78
feet to a point; thence S 16 deg 54' 25" East parallel to and
343 feet Easterly of the East boundary of Idaho State Highway
55, 735.10 feet to a point; thence S 89 deg 48' 50" East
521.70 feet back to the true point of beginning.
EXCEPT: Reserving therefrom an easement for a public road
right-of-way across the entire north portion of this property
extending South 50' from the north boundary of said SW 1/4 SE
1/4.
Dated September // , 1992
Su.e Harley,
Planning and
Zoning Clerk
McCALL PLANKS 3 & L0N8K
EXHIBIT
RECEIVED q/I (_1_' Z.
Il_If •I--1]—37. FROf'i f';I_u.If!IHill 1 1 [LELAH=,c_.i-EE ;D TO
I•
67,,4'7 t' p . 01
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Owner/Address ! 11 Legal Description
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PFM0o tt o f 6799 A mac= 6 . -- 7 •—,.—,
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SLOANE, GEORGE R. e.: SALLY K. MCCALL ACREAGE
9440 ARLENE DRIVE TAX #64-C IN NWSE
ANL:HO 'AI.3E, AK 9515 816 T1BN ROE
Property Key Tax Code Value What
Owner/Address Legal Description
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RPM0.000168240T 306 , 1,84
IDAHO LAND DEVELOPERS,
BOX 88'37
BOISE, ID 83707
INC.
MCCALL ACREAGE
AMENDED TAX #F64-D IN NWSE
316 TISN ROE
.Property Fey Tar, Guide Value Whit
Owner/Address Legal Description
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RPM00000188231A 300 , , 0 F%'F'M0000018i2O0A
MCCALL, L:I I Y OF
BOX 1065
MCCALL, ID. 83638
MCCALL ACREAGE
TAX #104 IN NWSE S16 T1s N RaE
Property Key Tax C'_+de Value What
Owner/Address Legal Description
VODDPPDVDI)I)I)DI)i)I?DPPDDD,'MOVDDVDPl/VVV,DVDDD;WDDDDDPDPDDDDDDDVDDODDDODDDPDPDDDPDDD
RF'MO000016 t365A 3Q , 4, 63 RPMc_ 000016824OT
DEINHAP1), WILLIAM & MAMIE
Y IDAHO LAND DEVELOPERS, INC,
BI O X 8897
BOISE, ID 8^7O7
MCCALL ACREA1 iE
TAX NO. 109 IN NWSE
816 T1SN R3E
McCALL PLANNING & ZONING
EXHIBIT
RECEIVED
L7 L7 717L7iri7Lr;•;r LLri/ir Lririr Lr Lr c��•'w�x/>-�R'p-ter .,%,•-•i•vs.-.i L vr. v- L�L>L•L•Srcrirc7c,L7i7LrVl7L,Lli7(7(I(/(I(J(7P(7PPpVP
='18NO3E:1E9402A 4060 , 9,00
MC t=:AULEY, JEROME W.
ROUTE 1 BOX A-14
MC:C:ALL, ID 83638
OSIN
AMENDED TAX #.S0 IN SESE
S16 T1SN F:3E
"WESTERN COLLISION BODY SHOE"
rciperty Key Tax 'e Value Whet
Owner/Address i Legal Description
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P 18NO3E 1 G'3430A 4Cu. i , 9, oo
�I
F•.I RKLAND, K I M & JUDY TAX #95 IN 5ESE S16 T J. N E'3E
ROUTE 1 BOX A-8
MCCALL, ID 83638
roperty Key Tax CO Value What
Owner/Address ' Legal Description
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P 18NO3E 16'9511 A 4ogp , 12,63 63 F'P 18Ni r3E 169510T
NO. F'T TAX NO. 75-B IN SESE
S16 T18N RE
KNIGHT, S. W.
BOX 1O-H
PECK, ID 82545
roperty Key Tax CO
Owner/Address
DDVPDi7DVDDDPPPPI?VVDVVDPDD
:P 1 SN03E 16'351 1 I 4001p
RV' I A •, K M
K J Y, -T
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D 8 ; . 3
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Legal Description
DDDZ?i111VVDDPPPPPVVVEOD Z'Z:DL"'DDETPPPODDfi i7L:DDVDDEWDZWDD
, 12162 F,P 1 SNO3E 169511 A
NO. PT TAX NO- 75-8 IN SESE
a16 T1SN R3E
ETAL.:HUGH P. C AMF'BELL
'r viper t y Key Tax C.Dide Value What
Owner /Address Legal Description
TZVDDVDDilDDDDPPPPPPVDDVOP DDVDDzDiTDDDN IDDDfDZ"iZ:i DDDIMPVDD IDDs rl %r;r DVPDVTODDDiD
P' 18NO3E 16952OA 40001 , 7, 00
TAX #75-A IN SESE
S16 T1SN F:3E
roperty Key Tax Co e Value What
Owner /Address L eaa1 Description
?DD PPPPPPIVETPOPTID2 PVI DRODDPDVDErOVVPDi'L DOLT DDVVVDDDDDDt)DriDDDD DP DDVDDLTDDVD
E13E 1 rJ'�S�:O I 4000 , 7, 00 RF'1GNO E 169�i20
i
D, } l M
RF•.LAND JU(I
38 P i ER N.
CCL -LL I w 8 6
TAL
TAX # i a --A IN SESE
S18 T1SN R3E
ETAL: HU{GH P. CAMP ELL
7-'roperty Ke
Tax 1_;otie Value What
r';'per t y Key Tax C!
Owner/Address
Tnnnz VDVVVVOZWW nn£3010t7
:P i 8NO3E 1686E 1 A 400
JONES, MICHAEL S.
7.4 JONES, PATRICIA A.
7196 ASPEN MEADOW DR
EVERGREEN, CO 80439
'r'_ per t y Key Tax r
Owner/Address
DDIVDOvoDZIVDD DDVVVOOPD
+' 18NO 3E 168670A 40C
SPFzADL I N6, BERNARD JO
& SPRADL I NG, FRANCES
BOX 531
DONNELLY, ID 83615
>r+zper t y Key Tax
7�Owner/Address�79T1�1T1y+ 7 y, y�yy yy y� ri ri
7DPL)IL�TJIPPDDDVDDDD DDDDPi)Z)E)1 P
tP 18NO3E 1688O 1 A 4000
MORR I S, NELSON L & PA1
ROUTE 1 PDX 125
1CCALL, ID 83 638
=rc'perty Key Tay: CO
Owner /Address
Pi 001?1)D1PPPDDPDDVDDD)nDDLn
F' i 8NO3E 16SS9C 4000
STRODE? GEORGE E. & MF�R
90X 578
MCCALL, ID 8363e
Property Key Tax rip_'
Owner/Address
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;;P18NO3E169265A 4000
STEIN, KEITH
BOX 9267
DOISE, ID 83707
e Value Whet
Legal Description
DD'£)1)1)73DO£?T DI<DL))13I)i)I)PDDDDI)DDDDDO)0DDL'ti131DD PDDL)I)DD1711i1
12,30 RP 18NO3E 168661 A
TAX #93 IN S/2 SE/4
S16 T18N R3E
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Legal Description
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RP 1 SNO3E 168691 T
, 14,49
TAX 4107 IN SWSE S 16 T 18N F:3E
Value What
Legal Description
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TAX #57A-4 & 457A-6 IN SWSE
S16 T18N R2E
"MCCA,LL CAMPGROUND"
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Legal Description
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19,60 R'P 1 SNV3C 168{a9:tT
E A. PT AMENDED TAX r#' 4 IN SWSE
S 16 T 18N R3E
e Value What
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14,00
TAX 461-A-5 LESS TAX 489
S16 T18N R3E
"STEIN 1ISTRISUT1Na COMPANY"
Property Key Tax Co.e Value What
Owner/Address Legal Description
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RP18NO3E169270A 4090 , 15,92
G �_ AL F.r
RANT L TO I FART OE TAX #Y61-A-- 1 TAX #89
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372 MAGNOLIA AVENUE
COSTA MESA, CA 92627
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Owner/Address i! Legal Description
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TAX NO. 108 IN SWSE
S16 T18N R3E
rLtperty Key Tax 4cd Value What
Owner/Address Legal Description
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P iSNOSE 168555A 40 C , , 0
FAYETTE LAKES WATER &
DISTRICT
BOX 155E
MCCALL.., ID 83638
MWER
TAX #57-A-5 IN SWSE
SIG T1SN R2E
r,;lperty Key Tax Orvde Value What
Owner/Address Legal Description
VDDDLTDDDDDDDETPDVDVDDD RPDDDDZ717DD I?I"!T. VDP. ,pDVDV> DDEiDDD ,t?DI;',?DTUDDDrODDDIYIUDDVVDD
F' 18NO3•E 16856OA 40 U , 14,80 0a , ►�
�C ` °
M L , , All'-' 01 ,�'�'' TAX #57 -C: IN SWSE
.� ,-t , wIP r . �, . .I 1 •T T II I C �i ,3 `C• 316 Tian) R'3E
r , �[�a 1 ut��gr,RT11� 4 �r
re'
4V1-Z F �r L��1
III. ETAL: S.W. KNIEHT
J
rnperty Key Tax i �,-fie Value What
Owner/Address Legal Description
VVVDDPDPNPZ'DL?LDDDDDVDD iaDZ?Z Z P1 VDVDDDDDDDDOODDP1)D P7'VVDZ'1QDI'LDOPVD7DPDDVPDODDi)D
P 18NO3E 16S600A 40(0 , 22,21
ACHESON, RALUL K.
407 S. 3RD ST.
MCCALL, ID 533E38
TAX #57 A-3 IN SWSE
S16 T1SN R3E
rclpe•rty Key Tax cde Value What
Owner/Address Legal Description
LTDDPDDDDD iT11? ii'iIWX1Dii LI.TI]Z%I7DZ?c 17DDI ITAIDVL'P?%l,?£'PZ TOD,DLTDVi: DDDDDDDVDI;I3ijDDLIDDDDD
P 13NO3E 168E.40A 4CX I'0 , 12,70
STRODE, KENNETH L. ET
BOX 419
MCCALL, ID S3638
r,Dperty Key Tax r
Owner/Address
0DDDD1)1)?DVVI)1)1)v1)10Dnnn01
X TAX t57--A--E I N S/ ' SE
S16 T13 R3
ode Value What
• Legal Description
1:OPODDDDDni';:tDlii:°LTDD)P_r,11)1)13D1D17 OPTODDDDDDIWNZ)D1151DDDD
/
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A portion of SWIM of SE1/4 Section 16, Township 18 North, Range
3 East, B.M., Valley County, Idaho, more particularly described as
follows: '
Commencing at the S 1/16 corner of the SE1/4, Section 16, Township
18 North' Range 3 East, 8'M.. which corner is N. 89"54110" W.
1334.0 feet from the SE corner of said Section 16; thence N.
COMM East along the East boundary of said SWIM, Southeast 1/4
611.0 feet to the true point of beginning; thence continuing N.
0111110" E 706.22 feet to the center of the said SE1/4; thence S.
89054125" W. along the North boundary line of said S611/4 SEW/4
737.78 feet to a point; thence S 16054125" East parallel to and 343
feet Easterly of the East boundary of Idaho State Highway 15;
735.10 leet to a point; thence S. 89048150" East 521.70 feet back
to the true point of beqinninq.
EXCEP[; Reservinq therefrom an easement for a public road right
of way across the entire north portion of this property extending
South 50' from the north boundary of said SW1&1 SE1/4.
^
McCALL PLAMNikil
EXHIBIT
RECEIVED
September 2, 1992
City of McCall
City Clerk
McCall City Hall
I am requesting annexation of my property on Jacob Street.
Enclosed, please find the legal description.
Sincerely,
*ad% afriv
Malcolm Scott
Mc[1I1_ PI_,iili,i;; e9 . ZONING
EXHIBIT _
RECEIVED R �