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1991.05.21 VAC - PARCELS lA and 1B: Part of Lake Street
CHECK LIST Name of Applicant: Public Hearing Date: T, - j - 9 Publishing Date: '" - )5- 9 ( Letters of Notification: ( to CcJL 4 - I s -( j ) Letter of Charges: Charges Received: N�� 32D. - 40(g Action Memo ,(Pc 7-4c' - To T, z— Department From PLEASE Date / / IEW THE FOLLOWING AND TAKE ACTION INDICATED For your information , Prepare for my signature Note and return Your comments please Reply and copy me � 1File Take appropriate act on See me about this Date / / Time For your approval AM PM For your signature Call me Comments o ; FRIENDLY® Call toll free 1-800-90-911I to reorder Friendly Form EF-0522. FrRMS © 1990 G. Neil Companies, P. O. Box 350630, Ft. La derda1e, FL 33335. Printed in U.S.A. TITLE : ac0.-�l o t1 DATE: -�- of I APPLICANT : (' � + v /V c_C o. L t �c r;� e C I ra nd' ADDRESS : .p,c 1 0 InS PHONE: Exhibit # Description l A pp1iccJ(On ca Legut i escrIplri.or-, -Pr ooperty bescrip- Corb i ,n+enrtec) use - --- (-LCof 4 c -T-cfri-hrvt.nil LP+to rt—--rroKyl -ED r4atn. Edvl , b Exu_rp-1-s 1\ro m ZacJA o CorL Re ' J&c.cjio. n, 7 McCoJ -4c5.\- kacdr-iot Plc3L.-k-. V List a"1 O . V,..sccAt',--i t'ro `i,2A Ow‘� S q 'P\ l L CJ Io l C.e� / I o 5,tzEL .a..,a. ci-r- trnrti St.mr 0,_2uas 11 R b 1. t. s V._e rl -1\c-c t &l.ot k r, -c Pi...-b C t, c c.-i tern i3 -ThIrd--;,.� ax± s -a t-q 1 P..-z J..nopteCal u 1. treed e. G:l $pLv ✓'vet aag tv38 JC1S 7. A.anet ne P. . i3o). - b 636 3, 0- nlve' l I/ Lin1-1-tedz 4a r ineinf., 1 I 46, 0 it S. "PhL((p1oL /38-i s_c . 83 7as '�. GercJ 1 J. L LA cky Lys'` 3 - a 7 tAci S SCA.n(--Dt.e.iv , CI) S, 16 rGol_ctaaL 7 . . 13e-)c /&( C.tc , - .b 83638 s Jam cu, t-`7-it� tLtly i3 o,5- 211c C ��l(, 2,L6 636 7 L fii6"le"1`' 111411 qa/o� . B6,c `?e,? I ?.11 C C at G L, b ,3 3 0. 7b4tiJ hk..arc r &- ((Q4r k 6. 130,E 75 211 cCc C( f. 0 36 e opyi(inSo Roe /03 %)Do , 6-c , Jl 8570/ /0 , Tcr lyt-e Ske r- (11 L . 776 ivi 1, ii set) a 7 6 p ,s_c / 2 63 70 (c, I1. Spo r-t5 )k(t&. 6/t7 J rn eS 8a 0c ;tan Geoltv ` 3 At, JJck. et, LA. Plel.t L� .diet. r (..r' 976 Jae omes i t k2rr` (3e--x 5--1/i ®a 0 36 3Z I rd %`1 Pa r u i 2 e ei l-1 eLe a Delia! n 9 iop, t, /laa3 A), qA3 ! Dr [ Phoene /T Z 7550Z.3 -0 a el phie c(yc 71 ). ((G7 1", 0 %°x 1 g36 36 i11 c Cal() 2 -7) city of mcCall OFFICE OF THE CLERK BOX 1065 McCALL, IDAHO 83638 APPLICATION FOR VACATION OF PLAT, PORTION THEREOF, PUBLIC. RIGHT-OF-WAY EASEMENT 1. Applicant(s): Name CITY OF McCALL, PARK DEPARTMENT Address: P.O. Box 1065 2. Description of requested vacation: (legal attached) Commonly described, the parcel would be known as the 12ceward general y west) of the existing E. Lake St. pnvPn1 nt. A 60 and 50 foot right-of-way for the street will he retained. No street access for any other property owner i affcctcd. 3. Reason for request: To secure a deed for the property +-hone being able to place a deed restriction on rcel to perpetual park and recreation use. 4. Attach a written narrative statement. 5. A complete legal description. 6. Attach a sketch map (8i X 14) of requested vacation area showing adjacent properties and the names and addresses of the adjoining owners of record. 7. Attach a letter from, or the signature on a petition of, each owner of adjacent property stating: a) their approval of.the proposed vacation, b) their willingness to share the costs, c) that they are:aware that vacated rights -of -way becomes part of the adjoining property subject to the rights -of -way or easements of utilities.. 8. Attach a check made payable to: City of McCall, in the amount of $100.00 The applicant. will be charged for all publishing costs and mailing of public notices to the property owners of record within 300 ft. 9. Return this application complete with map and letters to the Zoning Administrator, McCall City Hall. McCALL PLANNING & ZO"JH\JG EXHIBIT RECEIVED 4- ` - q �t ark e�� l2 a We hereby request the vacation as described in the application above. Applicants: CITY OF McCALL. PARK PFPARTMFNT Co-applicants/or Petitioners: Mayor and City Council, City of McCall POLICY & PROCEDURE FOR APPROVAL OF VACATIONS OF PLATS, PORTIONS THEREOF, PUBLIC RIGHTS -OF -WAY OR EASEMENTS 1. Upon receipt of`arequest .for .vacation, an application form will be provided the applicant by the. Building Department or the Administrator of the Planning and Zoning Commission. 2. The applicationwill include: (two copies of each) a) a legal description of the property to be vacated, b) a reason for the vacation, c) a written narrative statement. d) a sketch map showing the property and names and addresses of owners of adjoining property. e) a letter from, orsignatures on a petition of each owner of adjoining property. f) a deposit in..the amount of $100.00.in addition, publication of notices and .hearings_ will be charged to the applicant.. 3. Upon receipt of the application, the Secretary shall provide a receipt for the deposit and refer the application to the Administrator of the Planning and Zoning Commission. 4. The Administrator shall notify all utility companies involved, fire district, water district,_:. sewer district, city (if vacation is within one mile of city limits) and any other interested party or governmental agency and request a reply within 15 days. 5. The Administrator -shall_. inspect thevacation'area on the ground. 6. The Administrator shall then place the application on the agenda of the next. meeting :of the Planning and. Zoning Commission for their review. The applicant :: will: be.. notified of this meeting and will be given the opportunity to present: the. proposal.. 7. Within ten days after considering the application in a regular meeting, the Planning and Zoning. Commission shall make a recommendation regarding the application to the McCall City Council and the applicant shall be notified of the action taken. 8. The City. Council will consider the application at their next regular meeting along :with .the .recommendation of the Planning and Zoning Commission: and.. shall either: a) deny the application b) give public notice of the application as required by I.C. 50-1317 and hold a public.: hearing, after which the Board may either: 1) deny the application 2) approve the application 3) modifythe; application 9. Where public lands or rights -of -way or easements are vacated, the Council shall provide the adjoining property owners with a Quit Claim Deed for same.. PARCELS lA and 1B: THAT PORTION OF LAKE STREET FROM THE NORTH BOUNDARY OF HEMLOCK STREET TO THE SOUTH BOUNDARY PINE STREET TO BE VACATED: A parcel of land situated in Government Lot 2, Section 9, T.18N.,R3E., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the southwesterly corner of Lot 1, Block 6, McCall's First Addition to the City of McCall, as shown on the Official Plat thereof on file in Book 1, Page 28, of Plats in the Office of the Recorder of Valley County, Idaho, a 1" pin, Thence, S.08°35'W. 1139.91 feet along the easterly boundary of Lake Street to the southwesterly corner of Lot 1, Block 3 of said McCall's First Addition, Thence S.25°19'30"W. 132.27 feet to the intersection of the southerly boundary of Pine Street and the westerly boundary of Lake Street, the REAL POINT OF BEGINNING, Thence, N.57°50'30"W. 200.77 feet along said southerly boundary to the High Water Mark of Payette Lake, Thence, in a general northerly direction along said High Water Mark the following courses and distances: N.26°43'42"E. 37.34 feet, N.77°07'30"E. 17.95 feet, and N.37°41'04"E. 4.93 feet to a point on said High Water Mark being the intersection of the northerly boundary of Pine Street and said High Water Mark, Thence, S.81°25'00"E. 131.38 feet, Thence, N.08°35'00"E. 34.00 feet on a line parallel to and 60 feet west of the westerly boundary of Block 3 of said McCall's First Addition, Thence, N.81°25'W. 99.34 feet to a point on said High Water Mark, Thence northerly along said High Water Mark the following courses and distances: N.66°31'44"E. 5.93 feet, N.79°18'02"E. 22.08 feet, N.30°31'31"E. 29.14 feet, N.12°03'14"E. 39.27 feet, N.04°43'37"E. 38.83 feet, N.21°06'03"E. 45.55 feet, N.12°05'41"E. 50.11 feet, N.07°44'04"E. 83.96 feet, N.53°15'06"E. 66.02 feet, N.10°19'56"E. 224.13 feet, N.03°55'01"E. 55.63 feet, McCALL PLANNING & ZONING EXHIBIT _ —u- g- •DECEIVED '-'- oz. - 91 N.01°44'09"W. 36.32 feet, N.25°36'32"E. 32.16 feet, N.03°09138"E. 132.40 feet, N.13°05'06"W. 37.99 feet, N.11°26'l0"E. 26.73 feet, N.00°37'33"E. 100.71 feet, N.17°55'41"E. 50.03 feet, N.02°14'07"E. 53.84 feet, and N.13°02'35"E. 22.80 feet, to the inter- section of said High Water Mark and the northerly boundary of Hemlock Street, Thence S.81°25'00"E. 34.61 feet, Thence S.08°35'00"W. 300.00 feet, Thence S.81°25'00"E. 10.00 feet, Thence S.08°35'00"W. 500.00 feet, Thence N.81°25'00"W. 10.00 feet, Thence S.08°35'00"W. 339.91 feet, Thence S.01°13'32"E. 128.54 feet to the Point of Beginning, containing 1.089 acres, more or less. Bearings based on State Plane Grid Azimuth. REMAINDER OF LAKE STREET FROM THE NORTH BOUNDARY OF HEMLOCK STREET TO THE SOUTH BOUNDARY_PINE STREET A parcel of land situated in Government Lot 2, Section 9, T.18N.,R3E., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the southwesterly corner of Lot 1, Block 6, McCall's First Addition to the City of McCall, as shown on the Official Plat thereof on file in Book 1, Page 28, of Plats in the Office of the Recorder of Valley County, Idaho, a 1" pin, the REAL POINT OF BEGINNING: Thence, S.08°35'W. 1139.91 feet along the easterly boundary of Lake Street to the southwesterly corner of Lot 1, Block 3 of said McCall's First Addition, Thence S.25°19'30"W. 132.27 feet to the intersection of the southerly boundary of Pine Street and the westerly boundary of Lake Street, Thence N.01°13'32"W. 128.54 feet, Thence N.08°35'00"E. 339.91 feet, Thence S.81°25'00"E. 10.00 feet, Thence N.08°35'00"E. 500.00 feet, Thence N.81°25'00"W. 10.00 feet, Thence N.08°35'00"E. 300.00 feet, Thence S.81°25'00"E. 60.00 feet to the Point of Beginning, containing 1.542 acres, more or less. Bearings based on State Plane Grid Azimuth. CtLUQ 5C \ (5) "Lake Street" Parcel (Parcel #5 on Map 3): The land reserved for East Lake Street, between Pine and Hemlock, extended from the west boundaries of blocks 3, 4, and 5 to the original high water mark of Payette Lake. The original and current high water mark appear to be one and the same. This land was reserved to the Village of McCall for public use and generally is wider than what is needed for a standard street right-of-way. In order to dedicate that portion of Lake Street for recreation, which is not required for street purposes, the City will reserve the land from the west boundary of the street right-of-way, shown on Map 3, to the Lake shore for recreation. This land will be included within the National Park Inventory, but does not qualify as replacement land. It is identified as Parcel 5A on Map 3 and it also contains an ingress/egress easement for the Sport's Marina, a privately operated marina. Parcels 1 through 5 above constitute the "Lakefront" Park development. Together they will provide a park of major significance to the City of McCall. Physical and visual access to Payette Lake will be preserved. When ultimately connected to Mill Park, this development will enhance the recreational utility of the remaining developed portion of Mill Park. To compensate for the lest recreational utility, the City of McCall expects to undertake the following improvements, as indicated, all within the 1991 construction season: a) Brown & Third Street Parcels: PARK CONVERSION - 10 i.bt,uHLL PLANNING & ZONIN6 EXHIBIT RECEIVED ion DAVIS C. TOOTH MAN (Retired) TOOTxxiviAN-ORTON ENGINEERING Ca'ANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 1802 NORTH 33RD STREET BOISE, IDAHO 83703 TELEPHONE (208) 342-5511 TO: Bud Schmidt, City of McCall FROM: Richard F. Orton DATE: March 28, 1991 RE: Vacation description & sketch RICHARD F. ORTON, JR., PE/LS PAULS. KUNZ, PE/LS TIMOTHY —A—`" JRGESS, PE \UNDBY, PE DWELL, PE 'NNETT, LS Attached are the description and sketch we talked about. This should serve to show the intent of the proposed vacation of a portion of the old Lake Street right-of-way. Please keep in mind that the descripion and sketch are compilations of the available file information and are not field verified. I believe at some point you will need to have a field survey completed. Please call if you have any questions. encl. file 8971-10-200 c McCALL PLANNING & ZONING EXHIBIT -N- RECEIVED .4-- 2-, - 1 50-311 MUNICIPAL CORPORATIONS 440 Compiler's notes. Section 50 of S.L. 1967, Cross ref. Marking of explosives, ch. 429 is compiled as § 50-328. Section 52 of § 39-210] et seq. S.L. 1967, ch. 429 is compiled as § 50-331. 50-311. cite kin ---Vacation of-streets--Eminent_doniain — Re- verson of_vacated streets. ----Cities are empowered to: create, open, widen or extend any street, avenue, alley or lane, annul, vacate or discon- tinue the same whenever deemed expedient for the public good; to take private property for such purposes when deemed necessary, or for the pur- pose of giving right. of way or other privileges to railroad companies, or for the purpose of erecting malls or commons; provided, however, that in all cases the city shall make adequate compensation therefor to the person or persons whose property shall be taken or injured thereby. The taking of property shall be as provided in title 7, chapter 7, Idaho Code. The amount of damages resulting from the vacation of any street., avenue, alley or lane .shall be determined, under such terms and conditions as may he provided by the city council. Provided further that whenever any street, avenue, alley or lane shall be vacated, the same shall revert to the owner of the adjacent real estate, one-half (1/2) on each side thereof, or as the city counc'1 deems in the best interests of the adjoining_properties, -ut the right of way, easements and franchise rights of any lot owner or public utility shall not be impaired thereby. In cities of fifty thousand (50,000) population or more in which a dedicated alley has not been used as an alley for a period of fifty (50) years [such alleyl shall revert to the owner of the adjacent real estate, one-half (1/2) on each side thereof, by operation of the law, but the existing rights of way, easements and franchise rights of any lot owner or public utility shall not be impaired thereby. 1.1967, ch. 429, § 42, p. 1249; am. - 1973, ch. 268, § 1, p. 563.1 Compiler's notes. The bracketed words "such alley" were inserted by the compiler. Chapter 7, title 7, Idaho Code, referred to herein, is compiled as §?; 7-701 — 7-721. Section 41 of S.L. 1967, ch. 429 is compiled as 6 50-309. Section 43 of S.L. 1967, ch. 429 is compiled as § 50-236. Section 2 of S.L. 1973, ch. 268 provided the act should take effect on and after July 1, 1973, and should he effective with respect to ANALYSIS dedicated alleys which had heretofore been unused as alleys. Cross ref. Every municipality a road dis- trict, § 40-522. Sec. to sec. ref. This section is referred to in fi 50-1320. Cited in: Boise City v. Fails, 94 Idaho 840, 499 11.2d 326 (1972); Clark v. Olsen, 110 Idaho 323, 715 P.2d 993 (1986). DECISIONS UNDER PRIOR LAW Appraisal of damages. Bridges. Construction. Construction with eminent domain law. Damages for vacation. Discretion. Discretionary power. Discrimination. Effect of recording plat. Irrigation districts. Jurisdiction exclusive. Liability for negligence. Procedure. Road levy. Sewers. Vacation for private uses. When conveyance unnecessary. Appraisal of Damages. Damages to be appraised under former similar section were damages and injuries re- sulting from vacation of a street and taking of same either by city for its exclusive use, or granting of right to take same to a railway NUM!. PLANNING & ZONING EXHIBIT (p RECEIVEDa -9 I {4-Park .4 441 compar elusive and sta vacate compar made f such t Maries Bridge Coun and ma length, crossing corpora Idaho Undo lage trt had exc within i full pow same. C 141 P. Constr Form power r mon cot ordinan ment of and dra Byrns v (1912). Term: and "ta' v. City c (1927). Constrr Neith section i any not nonce, a with pre this stal main. T Idaho 61 City, 25 Provis following eminent ture not that pot could hi Boise Ci Damage One 55 part of t tain an the ordii others, 1 such vac, ber Co., Where 23 has adopted a subdivision ordinance and/or a comprehensive plan, then these documents may be used as guidelines for approving plats. Such city approval shall be in addition to county approval. Within one (1) mile of the city, a city subdivision ordinance shall prevail over a county subdivision ordinance unless the city and county mutually agree upon any difference. Where the jurisdiction of two (2) cities overlaps. then the jurisdiction shall be assumed by the larger city. 50-1306A. CVsaitionof plats - Procedure.. -J(1) When any person, persons, firm, association or corporation may desire to vacate a plato;_atryypartthereoffwhich is inside or within one (1) mile of the boundaries of any city, it shall be lawful for such person, persons, firm. association or corporation to petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. (2) Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred (300) feet of the boundaries of the arca described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no internment, or in the case of a cemetery being within three hundred (300) feet of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. (3) When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. (4) When the platted arca lies more than one (1) mile beyond the city limits, the procedures set forth herein shall be followed with the county commissioners of the county wherein the property lies. The county commissioners shall have authority, comparable to the city council. to grant the vacation. provided. however. when the platted area lies beyond one (1) mile of the city limits, but adjacent to a platted area within one (1) mile of the city consent of the city council of the affected city shall be me ssary in granting any vacation by the county commissioners. (5) In the case of casements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes. public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected casement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. All publication costs shall be at the expense of the petitioner. 50-1307. Designation of townsite and addition - Necessity of distinctiveness - Limitations on rule. - Plats of towns, subdivisions or additions must not bear the name of any other town or addition in the same county, nor can the same word or words similar or pronounced the same. be used in making a name for said town or addition. except the words city, place, court, addition or similar words. unless the same is contiguous and laid out and platted by the same party or parties platting the addition bearing the same name, or a patty [Utz and records the written consent of the party or parties who platted the addition bearing the same name. All plats of the same name must continue the block numbers of the plat previously tiled. 50-1308. Approvals. - (1) If a subdivision is not within the corporate limits of a city, the plat thereof shall be submitted. accepted and approved by the board of commissioners of the county in which the tract is located in the same manner and as herein provided. If the city or county has established a planning commission. then all plats must be submitted to said commission in accordance with provisions of section 50-1106, Idaho Cale. No plat of a subdivision requiring city approval shall be accepted for record by the county recorder unless said plat shall have first been submitted to the city and has been accepted and approved and shall have written thereon the acceptance and approval of the said city council and bear the signature of the city engineer and city clerk. No plat of a subdivision shall be accepted for record by the county recorder unless said plat has been certified, within thirty (30) days prior to recording, by the county treasurer of the county in which the tract is located. The county treasurer shall not withhold certification for any reason except for county property taxes due, but not paid, upon the property included in the proposed subdivision. (2) Plats resulting from the exercise of any right granted under the provisions of sections 50-1314 and 63-303, Idaho Code, may be accepted for record and recorded by the county recorder without being certified by the county treasurer and the record of any such plat which has previously been recorded without being certified by the county treasurer shall not be invalid or defective because of not having been so certified by the county treasurer. 50-1309. Certification of plat - Dedication of streets and alleys - Dedication of private roads to public - Jurisdiction over private roods. - 1. The owner or owners of the land included in said plat shall make a certificate containing the correct description of the land, with the statement as to their intentions to include the same in the plat, and make a dedication of all public streets and alleys shown on said plat, which certificate shall be acknowledged before an officer duly authorized to take acknowledgements and shall be indorsed on the plat. The professional land surveyor making the survey shall certify the correctness of said plat. 2. No dedication or transfer of a private road to the public can be made without the specific approval of the governing agency accepting such private road. 3. Highway districts and single county -wide highway districts shall not have jurisdiction over private roads designated as such on subdivision plats and shall assume no responsibility for the design, construction, maintenance and/or repair of private roads. 50-1310. Filing and recording - Record of plats - Filing of copy. - All approved plats of subdivisions shall, upon the payment of the required fees, be filed by the county clerk or county recorder, and such filing with thc date thereof shall be indorsed thereon. The plat or opaque copy thereof shall then be bound or filed with other plats of like character in a proper book or file designated as "Records of Plats." At the time of filing such plat, the owner or his representative shall also file with the county clerk or county recorder one (1) copy thereof. The copy may be either upon whitc opaque film with a minimum base thickness of 0.007 inches or stable base drafting film with a minimum base thickness of 0.003 inches or other material as required by the county in which the plat is recorded. The copy and image thereon shall be waterproof, tear -resistant, flexible, and capable of withstanding repeated handling. The original plats shall be stored for safe keeping in a reproducible condition by the county. Il shall be proper for the recorder to maintain for public reference a set of counter maps that are prints of thc original maps. The original maps shall be produced for comparison upon demand. Full scale copies thereof shall be made available to the public, at direct cost for reproduction, by the county recorder. 50-1311. Indexing of plat records. - The said books of "record of plats" shall be provided in the front part thereof with indices. in which shall be duly entered in alphabetical order all maps. plats and diagrams recorded therein. and when so tiled, bound and indexed, shall be the legal record of all such maps, plats, diagrams, dedication and other writings. 50-1312. Effect of acknowledging and recording plat. - The acknowledgment and recording of such plat is equivalent to a deed in fee simple of such portion of the premises platted as is on such plat set apart for streets or other public use, or as is thereon dedicated to charitable. religious or educational purposes; provided. however, that in a county where a county wide highway district exists and is in operation no such plat shall be accepted for recording by the county recorder unless the acceptance of said plat by the commissioners of the county wide highway district is endorsed thereon in writing. 50-1313. Dedication must be accepted. - No street or alley or highway hereafter dedicated by the owncr to the public shall be deemed a public street, highway or alley, or be under the use or control of said city or county wide highway district unless the dedication shall be accepted and confirmed by the city council or by the commissioners of the county wide highway district. 50-1314. Enforcing execution of plat - Assessment of costs. - Whenever the owners of any tract of land have divided and sold or conveyed five (5) or more parts thereof. or invested the public with any right therein, and have failed and neglected to execute and file a plat for record. as provided in the thirteen (13) foregoing sections of this act, the county recorder shall notify some or all of such owners and proprietors by mail or otherwise, and demand an execution of such plat; if such owners or proprietors. whether notified or not. fail and neglect to execute and file for record said plat within thirty (30) days after the issuance of such notice, the recorder shall cause to be made a plat of such tract and any surveying necessary therefor. Said plat shall be prepared in accordance with requirements in sections 50-1301 through 50-1325, and in addition. be signed and acknowledged by the recorder, who shall certify that he executed it by reason of the failure of the owners or proprietors named to do so, and filed for record. and. when so tiled for record. shall have the same effect for all purposes as if executed, acknowledged and recorded by the owners or proprietors themselves. A correct statement of the costs and expenses of such plat. surveying and recording, verified by oath. shall be by the recorder laid before the next session of the county board, who shall allow the same and order the same to be paid out of the county treasury, and who shall, at the same time. assess the same amount pro rata upon all several lots or parcels of said subdivided tract; said assessment shall be collected with, and in like manner as the general taxes. and shall go to the general county fund; or said board may direct suit to be brought in the name of the county before any court having jurisdiction, to recover from the said original owners or proprietors. said cost and expense of preparing and recording said plat. 50-1315. Existing plats validated. - None of the provisions of sections 50-1301 through 50-1325 shall be construed to require replatting in any case where plats have been made and recorded in pursuance of any law heretofore in force; and all plats heretofore tiled for record and not subsequently vacated are hereby declared valid, notwithstanding irregularities and omissions in manner of form of acknowledgment or certificate. 50-1316. Penalty for selling unplatted lots. - Any person who shall dispose of or offer for sale any lots in any city or county until the plat thereof has been duly acknowledged and recorded, as provided in section 50-1301 through 50-135, shall forfeit and pay one hundred dollars (S100.00) for each lot and part of a lot sold or disposed of or offered for sale. 50-1317. Vacation-procedure-fn=unincorporetedcareas=and=f manias=not=exercising-their_corpotvte functions-Fillera etitlon = Notice ofifearing = Whenever any person, persons, firm. association or corporation interested in any city which if unincorporated, or which. if incorporated, is not exercising its corporate functions, or interested in any platted and subdivided tract or acreage outside the limits of any incorporated city may desire to vacate any lot, tract, s rf ee altey,=road-highwayacommon, plot or any part thereof in any such city, it shall be lawful to petition the board of county commissioners of the county where such property is located. setting forth .a."24 - the particular circumstances of the case, and giving a distinct description of the property to be vacated and the names of the persons to be particularly affected thereby; which petition shall be filed with the county clerk and notice of the pendency of said petition shall be given for a period of 30 days by written notice thereof. containing a description of the property to be vacated, posted in three (3) public or conspicuous places in said city, and also within thc limits of said platted acreage, or in the event such property is located within a county in which there is published a newspaper, as defined by law, such notice shall also be published in such newspaper, once a week for two (2) successive weeks. 50-1318. i b enee of-opposition—Grant-of.petitio`n.-.-Restrictions.— -If no opposition be made to such petition or application within the said thirty (30) day period, the board of county commissioners shall vacate the same, with such restrictions as they may deem reasonable and' for the public good. 50-1319. In-presence:of oppnsttloo-�Cniitintiauce'ofztppiication = Hearing - When petition granted. - If opposition be made thereto, such application shall be heard by the board of county commissioners at a time fixed by said board, at which time, if the objector shall consent to said vacation, or if the petitioner shall produce to the board of county commissioners the petition of two thirds (2/3) of the property holders of lawful age in said town. or owning two thirds (2/3) of the tracts in such platted and subdivided acreage, the said board of county commissioners may proceed to hear and determine upon said application, and may if in their opinion justice requires it, grant the prayer of the petitioner, in whole or in part. 50-1320. feeding-of-tit►eTiff:vacation. —The part so vacated, if it be a lot or tract, shall vest in the rightful owner, who may have the title thereof according to law; or if a public square or common. the property may vest in the proper county, of if in a city, the property shall vest in the council for the use of such city, and the proper authorities may sell the same, and make a title to the purchaser thereof, and appropriate the proceeds thereof for the benefit of said corporation or county, as the case may be; or if the same be a street, all right and title thereto shall be distributed in accordance with section 50-311. 50-1321. Necessity for consent of`adjolning nw'ners Acknowledgment and filing of consent - ,Limitation -on -rule rere-quisites-to-order-of-vacation,=}No vacation of a street or any part thereof shall take place unless the consent of the adjoining owners be obtained in writing and delivered to the governing body having jurisdiction. Such street may, nevertheless, be vacated without such consent upon the petition of the person. persons or corporation owning two thirds (213) or more of the property abutting upon such street when such street has not been opened or used by the public for a period of twenty (20) years and when such nonconsenting owner or owners have access to his, her or their property from some other public highway. However, before such order of vacation can be entered it must appear to the satisfaction of the governing body that such nonconsenting owner or owners have been served with notice of the pendency of such application in the same manner and for the same time as is now or may hereafter be provided for the service of the summons in an action at law. Any vacation of lands within one (1) mile of a city shall require notification and consent of the city. 50-1322. Appeal from order granting or denying application to vacate. - Whenever the governing body shall grant the application, or refuse the application of any person or persons. made as provided for the vacation of any lot, tract, street, common, plat or any part thereof, an appeal may be taken from any act, order or proceeding of the board made or had pursuant to by any person aggrieved thereby within twenty (20) days after the first publication or posting of the statement as required by section 31-819, Idaho Code. Procedure upon such appeal shall be in all respects the same as prescribed in sections 31-1510, 31-1511 and 31-1515, Idaho Code. 50-1323. Limitation of actions to establish adverse rights or question validity of vacation. - Every action brought to establish adverse rights or interests in the affected property or to determine the invalidity of any action by which any lot, tract. street, common, plat or any part thereof has been vacated must be brought within six (6) months after the effective date of this act or within six (6) months after a certified copy of the ordinance, resolution or order of vacation has been filed for record in the office of the county recorder of the county in which the affected property is located. Any person, firm or corporation having any objection thereto may bring such action. 50-1324. Recording vacations. - Upon payment of the appropriate fee therefor, the county recorder of each county shall index and record, in the same manner as other instruments affecting the title to real property, a certified copy of each ordinance, resolution or order by which any lot, tract, city street, common, plat or any part thereof has been vacated. Such certification shall be by the officer having custody of the original document and shall certify that the copy is a full, true and correct copy of the original. 50-1325. (Eits`em`ents- Vacation -of.= --.Easements shall be vacated in the same manner as streets. 50-1326. All plats to bear a sanitary restriction - Submission of plans and specifications of water and sewage systems to state department of health and welfare - Removal or reimposition of sanitary restriction. - For the purposes of sections 50-1326 through 50-1329. Idaho Code. any plat of a subdivision filed in accordance with chapter 13, title 50, Idaho Code. or in accordance with county ordinances adopted pursuant to chapter 38, title 31, Idaho Code, shall be subject to the sanitary restriction. There shall be placed upon the facc of every plat 25 prior to it being recorded by the county clerk and recorder, the sanitary restriction, except such sanitary restriction may be omitted from the plat, or if it appears on the plat, may be indorsed by the county clerk and recorder as sanitary restriction satisfied, when there is recorded at the time of the filing of the plat, or at any time subsequent thereto, a duly acknowledged certificate of approval issued by the director of the department of health and welfare, for either public water and/or public sewer facilities, or individual water and/or sewage facilities for the particular land. The owner shall have the obligation of submitting to the director all information necessary concerning the proposed facilities referred to. Such certificate of approval may be issued for the subdivision or any portion thereof. Until the sanitary restrictions have been satisfied by the filing of said certificate of approval, no owner shall construct any building or shelter on said premises which necessitates the supplying of water or sewage facilities for persons using such premises. The sanitary restrictions shall be reimposed on the plat upon the issuance of a certificate of disapproval after notice to the responsible party and an opportunity to appeal, if construction is not in compliance with approved plans and specifications, or the facilities do not substantially comply with regulatory standards in effect at the time of facility construction. 50-1327. Filing or recording of noncomplying map or plat prohibited. - No person shall offer for recording, or cause to be recorded. a plat not containing a sanitary restriction, unless there is submitted for record at the same time the certificate of approval from the director of the department of health and welfare as required in section 50-1326, Idaho Code, the filing and recording of a noncomplying plat shall in no way invalidate a title. conveyed thereunder. 50-1328. Rules for the administration and enforcement of sanitary restriction. - The state board of health and welfare may adopt rules pursuant to 39-107(8), Idaho Code, including adoption of sanitary standards necessary for administration and enforcement. pursuant to section 39-108. Idaho Code of sections 50-1326 through 50-1329, Idaho Code. The rules and standards shall provide the basis for approving subdivision plats for various types of water and sewage facilities, both public and individual. and may be related to size of lots. contour of land, porosity of soil, ground water level. pollution of water, type of construction of water and sewage facilities, and other factors for the protection of the public health or the environment. 50-1329. Violation a misdemeanor. - Any person. firm or corporation who constructs. or causes to be constructed a building or shelter prior to the satisfaction of the sanitary restriction. or who installs or causes to be installed water and sewer facilities thereon prior to the issuance of a certificate of approval by the director of the department of health and welfare, shall be guilty of a misdemeanor. Each and every day that such activities are carried on in violation of this section shall constitute a separate and distinct offence. 50-1330. Jurisdiction of public streets within a highway district - In a county with highway districts. the highway district board of commissioners in such district shall have exclusive general supervisory authority over all streets under their jurisdiction within their district, excluding streets located inside of an incorporated city that has a functioning street department. with full power to accept, create, open, widen, extend or vacate said streets. Provided. however, when said street lies within one (1) mile of a city, or the established county/city impact area or adjacent to a platted arca within one (1) mile of a city or the established county/city impact arca. consent of the city council of the affected city shall be necessary prior to the granting of acceptance or vacation of said street by the highway district board of commissioners. 50-1331. Setting of Interior monuments for a subdivision. - Interior monuments for a subdivision need not be set prior to the recording of the plat of the subdivision if the land surveyor performing the survey work certifies that the interior monuments will be set on or before a specified date as provided in subsection (1) of section 50-1333. Idaho Code, and if the person subdividing the land furnishes to the governing body of the county or city which approved the subdivision, a bond or cash deposit guaranteeing the payment of the cost of setting the interior monuments for the subdivision, as provided in section 50-1332. Idaho Code. 50-1332. Marking interior monuments after recording of plat - Bond or cash deposit required - Release of Bond - Return of cash deposit - Payment for survey work - County surveyor performing survey work. - (1) If the interior monuments for a subdivision are to be marked on or before a specified date after the recording of the plat of the subdivision, the person subdividing the land described in the plat shall furnish. prior to recording the plat, to the governing body of the city or county which approved the plat, a bond or cash deposit. at the option of the governing body, in an amount equal to one hundred twenty percent (120%) of the estimated cost of performing the work for the interior monumentation. The estimated cost of performing such work will be determined by the surveyor signing the plat. (2) If the person subdividing the land described in subsection (1) of this section pays the surveyor for performing thc interior monumentation work and notifies the governing body of such payment. the governing body. within two (2) months after such notice. shall release the bond or return the cash deposit upon a finding that such a payment has been made. Upon written request from the person subdividing the land, the governing body may pay the surveyor from moneys within a cash deposit held by it for such purpose and return the excess amount of the cash deposit, if any, to such person. (3) In the event of the death, disability, or retirement from practice of the surveyor charged with the responsibility for setting interior monuments for a subdivision or upon the failure of such surveyor to set such monuments, the governing body may direct the county surveyor in his official capacity or contract with a surveyor in private practice to set such monuments and reference such monuments for recording as provided in section 50- " r > O N I N I O R O N I N N V 1 d 1 1 V 3 t " B I G P A Y E T T E L A K E . L A K E S H O R E B O U L E V A R D A V E N U E b F 0 A 0 z r i Z N P i ADJACENT PROPERTY OWNERS 1. REED GILLESPIE BOX 229 MCCALL, IDAHO 83638 2. JACK D. PAANANEN P.O. BOX 332 MCCALL, IDAHO 83638 3. AMYX FAMILY LIMITED PARTNERSHIP 1604 SOUTH PHILLIPPI BOISE, IDAHO 83705 4. GERALD J. & VICKY LYNN ROTTSCHAFER 3727 DUDLEY STREET SANDIEGO, CA 92106 5. BRUNDAGE MOUNTAIN COMPANY BOX 1062 MCCALL, IDAHO 83638 6. JAMES W. & PATRICIA F. HARDY BOX 869 MCCALL, IDAHO 93638 7. L.A. LAMMERMAN P.O. BOX 924 MCCALL, IDAHO 83638 8. DONALD M. & MARCIA E. CLARK P.O. BOX 788 MCCALL, IDAHO 83638 9. JAMES R. & SHERYL'TOMLINSON BOX 108 BOISE, IDAHO 83701 10. JAMES R. & SHERLY L. TOMLINSON 2768 SNOWFLAKE DRIVE BOISE, IDAHO 83638 11. SPORTS MARINA, INC. C/O JAMES HARDY BOX 869 MCCALL, IDAHO 83638 12. NANCY M. GENTRY 2325 AVIENDA DE LA PLAYA McCALL PLANNING & ZONING EXHIBIT — RECEIVED . _` --.(11—`t( LA JOLLA, CA 92038 13. THOMAS W. KERR BOX 549 MCCALL, IDAHO 83638 14. PARVIZ & JEANNE M. AND DEHGHAN PISHEH 17223 N. 31 DRIVE PHOENIX, AZ 85023 15. DAVID HUMPHREY & CLYDE RAE KELLOGG P.O. BOX 851 MCCALL, IDAHO 83638 16. DEPARTMENT OF LANDS P.O. BOX AS MCCALL, IDAHO 83638 City of McCall OFFICE OF THE CLERK BOX 1065 McCALL, IDAHO 83638 TO WHOM IT MAY CONCERN: The attached notice is sent to you as an owner of property adjacent to the subject property and proposed zoning action. You are invited to attend the public hearing and comment or respond in writing prior to the hearing date. a cf ennifer A. S. Sanders Planning and Zoning Clerk McCALL PLANNING & 2 NINd EXHIBIT 4 q HECEIUEb,. PUBLIC HEARING NOTICE Notice is hereby given that the City of McCall Planning and Zoning Commission will hold a public hearing on May 21, 1991 at 7:30 p.m. at McCall City Hall, Council Chambers, 216 Park Street, on the following matter: A request by the City of McCall Park Department to vacate a portion of the East Lake Street right-of-way. A 60' and 50' right-of-way for the street will be retained. No street access for any other property owner is affected. This property is described as: (legal description attached) More commonly described, the parcel would be known as the land lakeward, generally west, of the existing East Lake Street pavement. Notice is hereby given that interested persons are invited to attend and be heard. Written comment may be addressed to City of McCall Planning and Zoning Commission, c/o East Lake Street Vacation, P.O. Box 1065, McCall, Idaho 83638. Dated this /7441day of April, 1991. a a Jennifer A. S. Sanders Planning and Zoning Clerk PARCELS 1A and 1B: THAT PORTION OF LAKE STREET FROM THE NORTH BOUNDARY OF HEMLOCK STREET TO THE SOUTH BOUNDARY PINE STREET TO BE VACATED: A parcel of land situated in Government Lot 2, Section 9, T.18N.,R3E., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the southwesterly corner of Lot 1, Block 6, McCall's First Addition to the City of McCall, as shown on the Official Plat thereof on file in Book 1, Page 28, of Plats in the Office of the Recorder of Valley County, Idaho, a 1" pin, Thence, S.08°35'W. 1139.91 feet along the easterly boundary of Lake Street to the southwesterly corner of Lot 1, Block 3 of said McCall's First Addition, Thence S.25°19'30"W. 132.27 feet to the intersection of the southerly boundary of Pine Street and the westerly boundary of Lake Street, the REAL POINT OF BEGINNING, Thence, N.57°50'30"W. 200.77 feet along said southerly boundary to the High Water Mark of Payette Lake, Thence, in a general northerly direction along said High Water Mark the following courses and distances: N.26°43'42"E. 37.34 feet, N.77°07'30"E. 17.95 feet, and N.37°41'04"E. 4.93 feet to a point on said High Water Mark being the intersection of the northerly boundary of Pine Street and said High Water Mark, Thence, S.81°25'00"E. 131.38 feet, Thence, N.08°35'00"E. 34.00 feet on a line parallel to and 60 feet west of the westerly boundary of Block 3 of said McCall's First Addition, Thence, N.81°25'W. 99.34 feet to a point on said High Water Mark, Thence northerly along said High Water Mark the following courses and distances: N.66°31'44"E. 5.93 feet, N.79°18'02"E. 22.08 feet, N.30°31'31"E. 29.14 feet, N.12°03'14"E. 39.27 feet, N.04°43'37"E. 38.83 feet, N.21°06'03"E. 45.55 feet, N.12°05'41"E. 50.11 feet, N.07°44'04"E. 83.96 feet, N.53°15'06"E. 66.02 feet, N.10°19'56"E. 224.13 feet, N.03°55'01"E. 55.63 feet, McCALL PLANNING & ZONING EXHIBIT _ g RECEIVED '`r'— z — 9 (�.. 4- N.01°44'09"W. 36.32 feet, N.25°36'32"E. 32.16 feet, N.03°09'38"E. 132.40 feet, N.13°05'06"W. 37.99 feet, N.11°26'l0"E. 26.73 feet, N.00°37'33"E. 100.71 feet, N.17°55'41"E. 50.03 feet, N.02°14'07"E. 53.84 feet, and N.13°02'35"E. 22.80 feet, to the inter- section of said High Water Mark and the northerly boundary of Hemlock Street, Thence S.81°25'00"E. 34.61 feet, Thence S.08°35'00"W. 300.00 feet, Thence S.81°25'00"E. 10.00 feet, Thence S.08°35'00"W. 500.00 feet, Thence N.81°25'00"W. 10.00 feet, Thence S.08°35'00"W. 339.91 feet, Thence S.01°13'32"E. 128.54 feet to the Point of Beginning, containing 1.089 acres, more or less. Bearings based on State Plane Grid Azimuth. REMAINDER OF LAKE STREET FROM THE NORTH BOUNDARY OF HEMLOCK STREET TO THE SOUTH BOUNDARY.PINE STREET A parcel of land situated in Government Lot 2, Section 9, T.18N.,R3E., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the southwesterly corner of Lot 1, Block 6, McCall's First Addition to the City of McCall, as shown on the Official Plat thereof on file in Book 1, Page 28, of Plats in the Office of the Recorder of Valley County, Idaho, a 1" pin, the REAL POINT OF BEGINNING: Thence, S.08°35'W. 1139.91 feet along the easterly boundary of Lake Street to the southwesterly corner of Lot 1, Block 3 of said McCall's First Addition, Thence S.25°19'30"W. 132.27 feet to the intersection of the southerly boundary of Pine Street and the westerly boundary of Lake Street, Thence N.01°13'32"W. 128.54 feet, Thence N.08°35'00"E. 339.91 feet, Thence S.81°25'00"E. 10.00 feet, Thence N.08°35'00"E. 500.00 feet, Thence N.81°25'00"W. 10.00 feet, Thence N.08°35'00"E. 300.00 feet, Thence S.81°25'00"E. 60.00 feet to the Point of Beginning, containing 1.542 acres, more or less. Bearings based on State Plane Grid Azimuth. The Star -News P.O, Box 985 $ 1000 First Street McCall, Idaho 83638 $ 634-2123 SOLD City of McCall TO: P.O. Box 1065 McCall, ID 83638 F.O.B.: SHIP VIA: TERMS: Net 30 [INVOICE INVOICE NO.: 35 INVOICE DATE: 4/25/91 PAGE: 1 SHIP City of McCall TO:p,O. Box 1065 McCall, ID 83638 CUSTOMER ID: CMCAL CUSTOMER P.O.: SALES PERSON: ITEM / DESCRIPTION ORDERED SHIPPED UNIT PRICE AMOUNT 01. 1 col. First Insertion 114 114 0.63 71.82 McCALL PLANNING & ZONING EXHIBIT - I SALES TAX 0.00 TOTAL INVOICE 71.82 RECEIVED 4-- a9— 5') Cites tark-c /cl. 1 1--. rt'- Publisher's Affidavit of Publication STATE OF IDAHO .ss County of Valley I, Bobette S. Steffler, 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 supplen�set•, art that publication of such notice began April 25, 1991 and Sscri•r .:norme this the 26th day of April, 1991. STATE 0 COUNTY OF VALLEY On this 26th day of April, in the year of 1991, before me, a Notary Public, personally appeared Bobette S. Steffler, 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 acknowl- edged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1993 PUBLIC HEARING NOTICE EAST LAKE STREET VACATION Notice is hereby given that the City of McCall Planning and Zoning Commission will hold a public hearing on May 21, 1991 at 7:30 p.m. at McCall City Hall, Council Cha hers, 216 Park street, on the following A request by the City of McCall Park Department to vacate a portion of the East Lake Street rightof-way. A 60' and 50' right-of-way for the street will access for any affected. described as: be retained. No stree other property owner is This property is PARCELS lA and 1B: THAT PORTION OF LAKE STREET FROM THE NORTH BOUNDARY OF HEMLOCK STREET TO THE SOUTH BOUNDARY PINE STREET TO BE VACATED; A parcel of land situated in Government Lot 2, Section 9, T.18N.,R3E., City of !McCall, Valley County, Idaho, parti ffiar)y described as follows: Commencing at the southwesterly corner of Lot 1, Block i6; McCall's First Addition to the City of McCall, as shown on the Official Plat thereof on ` file in Book 1, Page 28, of Plats in the ' Office of the Recorderlof Valley County, Idaho, a 1" pin, Thence, S 1139.91 feet along the/easterly boundary of Lake Street to the southwesterly corner of Lot 1, Block 3 of said McCall's First Addition, Thence S.25°19'30"W. 132.27 feet to the intersection of -the southerly boundaryof Pine Street and the westerly boundary of Lake Street, the REAL POINT OF 'BEGINNING, Thence, N.57°5030"W. 200.77 feet along said southerly boundary to the High Water Mark of Payette Lake, 'Thence, in a general northerl direr- inen.C- ', tion along said High Water Mark the Thence N. • 81°25' 00'W. 10.00 feet, following courses and distances: Thence S. S . 08°35' 00' W. E. 339.91feet,to N _ _ N.77°07'30"E. 17.95 feet, and N.37°41'04"E. 4.93 feet to a point on said High Water Mark being the inter- section of the northerly boundary of Pine Street and said northerly boundary of Pine Street and said High Water Mark, Thence, S . 81°25' 00"E. 131.38 feet, Thence, N. 08°35' 00"E. 34.00 feet on a line parallel to and 60 feet west of the westerly boundary of Block 3 of said McCall's First Addition, Thence, N. 81°25'W. 99.34 feet to a point on said High Water Mark, Thence northerly along said courses and h Water Mark the following distances: N. 66°31' 44"E. 5.93 feet, N. 79°18' 02"E. 22.08 feet, N. 30°31' 31"E. 29.14 feet, N. 12°03' 14"E. 39.27 feet, N. 04°43' 37"E. 38.83 feet, N. 21°06' 03"E. 45.55 feet, N. 12°05' 41'E. 50.11 feet, N. 07°44' 04"E. 83.96 feet, N. 53°15' 06"E. 66.02 feet, N. 10°19' 56"E. 224.13 feet, N. 03°55' 01" E. 55.63 feet, N. 25°36'.32'E. 32.16 feet, N. 03°09' 38"E. 132.40 feet, N. 13°05' 06'W. 37.99 feet, N. 11°26'10"E. 26.73 feet, N. 119 55' 41"E. 50.03 feet, N. 02°14' 07 "E. 53.84 feet, and N. 13°02' 35"E. 22.80ggWater feet, to tha- inteand northerly bo nsecon of said narofHemloc Street, Thence S . 81°25' 00"E. 34.61 feet, Thence S . 08°35' 00'W. 300.00 feet, Thence S . 81°25' 00"E. 10.00 feet, S . 08°35' 00"W. 500.00 feet, the Point of Beginning, containing 1.089 acres, more or less. Bearings based on State Plane Grid Azimuth. More commonly described, the parcel would be known as the land lakeward, generally west, of the existing East Lake Street pavement. Notice is hereby given that inter- ested person's are invited to attend and be heard. Written comment may be ad- dressed to City of McCall Planning and Zoning P.O. Box Commission, Vacation, c/o East Lake Street 1065, McCall, Idaho 83638. Dated this 17th day of April, 1991. Jennifer A.S. Sanders Planning and Zoning Clerk 1t4/25 McCALL PLANNING DEPARTMENT STAFF REPORT APPLICANT City of McCall (Park Department) ADDRESS, IF OTHER THAN SITE I. LOCATION/ADDRESS OF SUBJECT PARCEL (ST. NAME & NUMBER) Land West (lakeward) of the existing East Lake Street right-of-way SUBDIVISION/LOT/BLOCK NUMBERS CURRENT ZONING & RESTRICTIONS Zone C Commercial COMPREHENSIVE PLAN DESIGNATION Commercial PLANNING ISSUE(S) Special Use Permit PUD Zone Change Variance Vacation Street right-of-way vacation II. PROPOSAL The City of McCall wishes to vacate a portion of the East Lake Street right-of-way, hence to secure a deed for the property , thus being able to place a deed restriction on the property dedicating the parcel to perpetual park and recreation use. III.MAPS 1. Area Map 2. Site Map (with all existing and proposed features) 3. Topographical Map N/A 4. Water, sewer and other relevant maps N/A IV. SITE CHARACTERISTICS: This section will identify how the_ parcel is served with various public facilities and specific site characteristics: SOILS: N/A TOPOGRAPHY: N/A STREETS: Lake Street WATER SERVICE: N/A DISTANCE TO HYDRANT: N/A SEWER SERVICE: N/A McCALL PLANNING & ZONING EXHIBIT 7 /a RECEIVE SURFACE AND STORM WATER (floodplain, drainage, high and low water of Lakeshore issues) N/A Fire Service Area: X City of McCall McCall Rural Fire Association Member Non-member The following public facilities are adjacent to this development and may have bearing on the request: Hospital Maintenance Shops Airport Schools Golf Course X Parks & Playgrounds V. STAFF RECOMMENDATIONS: Staff X Recommends Does not recommend approval of this request Subject to the following conditions X Without reservation Makes no recommendation List of recommended conditions if approved: Explain/Discuss reasons for conditions: A staff checklist and staff reports are attached. Report by Jennifer Sanders Date May 16, 1991 to P & Z May 21, 1991 VI. REVIEW BY THE CITY ADMINISTRATOR: d!'1 eqi — / 9 9/ Report by TRANSPORTATION ADVISORY C6MMITTEE MINUTES MAY 8, 1991 Attending: Bill Kirk, Chairman Dan Krahn Elaine Hitchcock Tom Kerr 1. East Lake Street Vacation: The park project's need to vacate the street was reviewed and a map (attached) was distributed showing the areas to be vacated. The vacation would leave a 60' street right-of-way which near the marina narrows to 50'. The balance of the parcel would be dedicated to park land, held by the city. After discussion, Kerr moved to recommend approval of the vacation. Hitchcock seconded and the motion carried. 2. Land trade proposal with Mike Eckhart: For this section of the meeting the committee met jointly with the Park and Recreation Advisory Committee. Staff outlined the proposal for the exchange of the old golf clubhouse site for a right of way for a street and pedestrian path on the west side of the river between the river and the city's sewage treatment plant property. There was considerable discussion with Mr. Reeder, Mr Dodge, Mr. Pittenger, and Mr. Eckhart participating, regarding the character of the planned roadway. There was discussion regarding the Idaho Transportation Department's feasibility plan in progress. The park and transportation committees discussed techniques for making the park bond fund whole and the asset value available for further park development. The committee left the joint meeting to further discuss the matter and make a recommendation. Kerr moved to recommend to the City Council that they pursue the land trade with Mr. Eckhart. Hitchcock seconded and the motion carried unanimously. Without further business, the meeting adjourned. Res tfully submitte Bill irk 1 Chairman McCALL PLANNING & ZONING EXHIBIT IS ECEIVED CITY OF McCALL PLANNING AND --ZONING COMMISSION" MINUTES MAY 21, 1991 Attending: G. Ertter, Chairman L. Eckhardt T. Swanson B. Scoles B. Schmidt, City Administrator J. Sanders, Clerk Chairman Ertter called the meeting to order at 7:35 P.M. The minutes of May 7, 1991 were approved without correction. PUBLIC HEARING: CITY OF McCALL, STREET VACATION Chairman Ertter asked for declarations from the commission members. No declarations were made. Administrator Schmidt read the Staff Report explaining that the city needs to vacate a portion of the street right-of-way along Lake Street in order to obtain a deed allowing the property to become park lands. No persons were present who wished to speak either in favor of or against the requested street vacation. The hearing was closed to public comment at 8:42 P.M. After discussion Swanson moved to recommend approval of the street vacation, as recommended by staff, to City Council. Eckhardt seconded and the motion carried. Scoles moved to recommend that a second hearing was not necessary. Swanson seconded and the motion carried. OTHER BUSINESS The commission acknowledged receipt of a request by Bjorn Dahlin for McCall Christian Fellowship to allow parking in the lot adjacent to the church property. The commission determined that the Mr. Dahlin should submit a plan outlining the proposed parking area. Staff was directed to contact Mr. Dahlin informing him of their decision. McCALL PLANNING & 7 NINP EXHIBIT - I RECEIVED PUBLIC HEARING: AUGUSTA LAIDLAW, SPECIAL USE PERMIT The hearing was called to order at 8:31 P.M. No declarations were made by commission members. Administrator Schmidt presented the Staff Report. Andy Laidlaw was present to explain the proposed use of the property at 1109 Knowles Road and answered question posed by the commission members and others in attendance. Julie Eddins posed questions regarding ownership of the property, security, business hours, lighting and access. No other persons were present who wished to comment on the matter. The hearing was closed to public comment at 8:50 P.M. After discussion Eckhardt moved to recommend approval of the requested Special Use Permit to City Council with the following conditions attached: 1. Limit of one access only; 2. Limit business hours from 8:00 A.M. to 9:00 P.M.; 3. The commission reserves the right to review the matter if business operations become disruptive to the neighborhood (i.e., dust, light, noise, congestion, traffic, business hours); 4. Signs will be allowed as specified in Section 3-19-2(B) of the McCall City Code; 5. Equipment storage will be screened from the public; 6. The Findings of Fact and Conclusions of Law will be recorded with the County Recorder; 7. If the property is not used as a landscaping business for a period of more than one year, the permit will be null and void. Scoles seconded and the motion carried unanimously. Swanson moved that a second hearing was not necessary. seconded and the motion carried unanimously. With no further business, Scoles moved to adjourn, seconded. The meeting adjourned at 9:30 P.M. Dated his +' day of June, 1991. Eckhardt Eckhardt uO"d aJ Gary Ert er J"nnife'r A. S. Sanders Chairm. Clerk