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Home My Public Portal About1991.11.19 ANN - Payette Lake, Adjacent to CityTHOMAS.W. KERR PLS 998 KERR SURVEYING PO BOX 853 MCCALL, IDAHO 83638 208-634-2686 November 19, 1991 LAKE AREA ANNEXATION JOEL W. DROULARD PLS 5357 A parcel situate in the N 1, Section 8,T. 18 N., R. 3 E., B.M., Valley County, Idaho, more particularly described.. as follows: Commencing at the northerly corner common to Lots 7 and 8, Recorder's Plat, Lot.1, Section 8, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on the Official Plat thereof .on file in Book 4, Page 15 of Plats in the Office of the Recorder of Valley County, Idaho, being a point on the high water mark of Big Payette Lake, the REAL POINT OF BEGINNING: Thence, N. 50° E., to the Low Water 'Mark of Big Payette Lake, thence, continuing N. 50° E., 1320.0 feet, -more' or less, over the waters o.f said Lake to a point on a line parallel to and 1320.0 feet from the Low Water Mark of said Lake, thence, southeasterly along said parallel line to the westerly boundary of that particular Annexation -to the Corporate Limits of the Village of McCall adopted as Ordinance No. 219 on the 14th day of August, 1961, thence, S. 45° W., 11320.0 feet, more or less, along said boundary to the Low Water Mark of said Lake, thence, S. 89° 41' W., along. said boundary, to the northwest corner of Lot 8, Shellworth Park Subdivision,. as shown on the Official Plat thereof on file in Book 1, Page 14 of ,Plats in the Office.of'the Recorder of Valley County, Idaho, being a point on the High Water Mark of Big Payette Lake, thence, Northwesterly along said High Water Mark to the Point of Beginning. Bearings based on Recorder's Plat and Shellworth Park Subdivision. MceALL PLANNING & ZONING rXHIBIT RECEIVED PUBLIC HEARING CHECKLIST Upon receipt of an application for a variance, special use permit, subdivision or any application which requires a public hearing, the following checklist should be coomleted. Schedule Hearing Write Public Hearing Notice Mail to Adjoining Property Owners Notice to Star News Send Bill For Mailing and Publication Prepare Posting Notice Request Staff Report cz 9_2 c94 .913/2.2. nc( PUBLIC HEARING CHECKLIST Upon receipt of an application for a variance, special use permit, subdivision or any application which requires a public hearing, the following checklist should be completed. Date Schedule Hearing _j_/agi Write Public Hearing Notice 1lk Mail to Adjoining Property Owners 121I9/al Notice to Star News 19- A9 °i I Send Bill For Mailing and Publication _T'_ Prepare Posting Notice Request Staff Report 1% /92-- TITLE: ,� ?Njtd,`n/i DATE: to /i.� q,i . APPLICANTS,,: T', r1 f1/' r7/7 ADDRESS : A7/1/ /. C //265 PHONE:/,3L f-7/-br-/( `> Exhibit # Description i le Pr 1 � /l-1l .2_ Le p/(47,(2./--/io` .46 ii J re@ /ne-71 y CribilFfice 09 A rra hen ,5 (0 / 1 5 1 of Rd? `� ( 4 / t rO err et, )ele S (il, 7 !" i/A4 Pr` rr/1 �7r.•l C J //i',- / Sf�'J r MPJici7V1-1- OF A, 7 PF rres" /Cr- ,��' IU ror4- ije.r nrf; �r-nm 0AieiF airl& IA- S\C 1 e-- - t- 1--1- t2 ` Le' 1 r /3----1.2 et �' // ri /1 / �'�--4'` (i, I/ j CCU f./ ri hl f I CC 64 - /5 / yliivi z. or-4/li(-v(/ 194 d_ Pin/ctr hv.13ERT H. REMAKLUS, LAWY 4 P.A. PROFESSIONAL CENTER BUILDING POST OFFICE BOX759 CASCADE, IDAHO83611 TELEPHONE (208) 382-4267 November 26, 1991 Arthur J. Schmidt, Jr. City Clerk/Administrator P. 0. Box 1065 McCall, Idaho 03638 Dear Bud: Enclosed is a description and map of the addtional area of Big Payette Lake to be annexed into the corporate limits of the City of McCa11. This matter may no be referred to the Planing and Zoning Commission for a recommendation. However, there may be no appropriate zoning classification until adoption of the new zoning ordinance. Please call if you have any questions. Very truly you f u �" Robert H. Remaklus bb McCALL PLANNING & ZONING EXHIBIT RECEIVED THOMAS W. KERR PLS 998 KERR SURVEYING PO BOX 853 MCCALL, IDAHO 83638 208-634-2686 November 19, 1991 JOEL W. DROULARD PLS 5357 LAKE AREA ANNEXATION A parcel situate in the N 14, Section 8, T. 18 N., R. 3 E., B.M., Valley County, Idaho, more particularly described as follows: Commencing at the northerly corner common to Lots 7 and 8, Recorder's Plat, Lot 1, Section 8, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on the Official Plat thereof on file in Book 4, Page 15 of Plats in the Office of the Recorder of Valley County, Idaho, being a point on the high water mark of Big Payette Lake, the REAL POINT OF BEGINNING: Thence, N. 50° E., to the Low Water Mark. of Big Payette Lake, thence, continuing N. 50° E., 1320.0 feet, more or less, over the waters of said Lake to a point on a line parallel to and 1320.0 feet from the Low Water Mark of said Lake, thence, southeasterly along said parallel line to the westerly boundary of that particular Annexation to the Corporate Limits of the Village of McCall adopted as Ordinance No. 219 on the 14th day of August, 1961, thence, S. 45° W., 1320.0 feet, more or less, along said boundary to the Low Water Mark of said Lake, thence, S. 89° 41' W., along said boundary, to the northwest corner of Lot 8, Shellworth Park Subdivision, as shown on the Official Plat thereof on file in Book 1, Page 14 of Plats in the Office of the Recorder of Valley County, Idaho, being a point on the High Water Mark of Big Payette Lake thence, Northwesterly along said High Water Mark to the Point of Beginning. Bearings based on Recorde,r's Plat and Shellworth Park Subdivision. McCALL PLANNING & ZONING EXHIBIT RECEIVED C1t PUBLIC NOTICE Notice is hereby given that the McCall Planning and Zoning Commission will hold a Public Hearing on January 21, 1992 at 8:00 p.m. at McCall City Hall, 216 Park Street, McCall, Idaho on the following matter: An applicationby the City of McCall to annex the unincorporated property legally described as: A parcel situate in the N 14, Section 8, T. 18 N., R. 3 E., B.M., Valley County, Idaho, more particularly described as follows: Commencing at the northerly corner common to Lots 7 and 8, Recorder's Plat, Lot 1, Section 8, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on the Official Plat thereof on file in Book 4, Page 15 of Plats in the Office of the Recorder of Valley County, Idaho, being a point on the high water mark of Big Payette Lake, the REAL POINT OF BEGINNING: Thence, N. 50° E., to the Low Water Mark. of Big Payette Lake, thence, continuing N. 50° E., 1320.0 feet, more or -less, over the waters of said Lake to a point on a line parallel to and 1320.0 feet from the Low Water Mark of said Lake, thence, southeasterly along said parallel line to the westerly boundary of that particular Annexation to the Corporate Limits of the Village of McCall adopted as Ordinance No. 219 on the 14th day of August, 1961, thence, S. 45° W., 1320.0 feet, more or less, along said boundary to the Low Water Mark of said Lake, thence, S. 89° 41' W., along said boundary, to the northwest corner of Lot 8, Shellworth Park Subdivision, as shown on the Official Plat thereof on file- in Book 1, Page 14 of Plats in the Office of the Recorder of Valley County, Idaho, being a point on the High Water Mark of Big Payette Lake, thence, Northwesterly along said High Water Mark to the Point of Beginning. Bearings based on Recorder's Plat and Shellworth Park Subdivision. This action would incorporate portions of•Payette Lake into the City as permitted by Idaho Code 50-221 to allow enforcement of City Ordinance, particularly the no wake zone. Notice is hereby given that interested persons are invited to attend and be heard. Written comment may be addressed to: McCall Planning and Zoning Commission, P.O. Box 1065, McCall, Idaho 83638. Dated this O201day of December, 1991 Sue Harley Planning and Zoning Clerk McCALL PLANNING & ZONING EXHIBIT W7 RECEIVED /;_.-XYQ/ }.ss Publisher's Affidavit of Publication STATE OF IDAHO 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 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 n a supplement; and that publication of such notice began December 26, and ended December • 1991. Sub ribed and sworn before STATE OF IDAHO COUNTY OF VALLEY h day of December, 1991. On this 30th day of December, in the year of 1991, 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, Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1993 PUBLIC HEARING McCALL PLANNING AND ZONING Notice is hereby given that the McCall Planning and Zoning Commission will hold a Public Hearing on January 21, 1992 at 8:00 p.m. at McCall City Hall, 216 Park Street, McCall, Idaho on the following matter: An application by the City of McCall to annex the unincorporated property legally described as: A parcel situate in the N 1 /2, Section 8, T. 18 N., R. 3 E., B.M., Valley County, Idaho, more particularly described as follows: Commencing at the northerly corner common to Lots 7 and 8, Recorder's Plat, Lot 1, Section 8, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on the Official Plat thereof on file in Book 4, Page 15 of Plats in the Office of the Recorder of Valley County, Idaho, being a point on the high water mark of Big Payette Lake, the REAL POINT OF BEGINNING: Thence, N. 50° E., to the Low Water Mark of Big Payette Lake, thence, con- tinuing N. 50 E., 1320.0 feet, moreor less, "over the waters of said Lake to a point on a line parallel to and 1320.0 feet from -the Low Water Mark of said Lake, thence, southeasterly along said -parallel line to the westerly boundary of that particular Annexation to the Corporate Limits of the Village of McCall Adopted as Ordinance No. 219 on the 14th day of August, 1961, thence, S. 45° W., 1320.0 feet, mo;e or less, along said boundary to the Low Water Mark of said Lake, thence, S. 89° 41' W., along said boundary, to the northwest corner of Lot 8, Shellworth Park Subdivision, as shown .on the Official Plat thereof file in Book 1, Page 14 of Plats in the Office of the Recorder of Valley County, Idaho, being a point on the High Water Mark of Big Payette Lake, thence, Northwesterly along said High Water Mark to the Point of Be eari gs based ,On Recorder's Plat and Shellworth Park Subdivision. This action would incorporate por- tions of Payette Lake into the City as permitted by Idaho Code 50-221 to al- low enforcement of City Ordinance, par- ticularly the no wake zone. Notice is hereby given that inter- ested persons are invited to attend and be heard. Written comment may be ad- dressed to: McCall Planning and Zoning Commission, P.O. Box 1065, McCall, Idaho 83638. Dated this 20th day of December, 1991. Sue Harley Planning and Zoning Clerk 1t12/26 City o f McCall OFFICE OF THE CLERK BOX 1065 McCALL, IDAHO 83638 January 14, 1992 To: Staff From: Sue Harley Re: City Annexations Two applications have been filed with the City of McCall for annexations of unincorporated land into City limits. One is the gravel pit, the second is a portion of Payette Lake. Exact locations are on file at City Hall. You are invited to review the files and make comments and/or recommendations before the Public Hearings, both of which will be held on January 21, 1992. Sue Harley Planning and Zoning Clerk McCALL PLANNINIG & ZONING EXHIBIT .—_- RECEIVED 1 g792 City of 1vlcCail OFFICE OF THE CLERK BOX 1065 McCALL, IDAHO 83638 January 14, 1992 To: Staff From: Sue Harley Re: City Annexations Two applications have been filed with the City of McCall for annexations of unincorporated land into City limits. One is the gravel pit, the second is a portion of Payette Lake. Exact locations are on file at City Hall. You are invited to review the files and make comments and/or recommendations before the Public Hearings, both of which will be held on January 21, 1992. Sue Harley Planning and Zoning Clerk McCAll PLANNING & ZDNING EXHIBIT RECEIVED Staff Report Annexation: A portion of Payette Lake This annexation request was forwarded by the City Council to you for action. Last summer, the City passed a "No Wake Zone" ordinance to mitigate jet -ski complaints. During this process, it was noted that the City's authority to annex into Payette had not been exercised through several recent annexations. This proposal will annex the unannexed portions of Payette Lake. When annexed, it will permit the marking of the No Wake Zone along the entire City limits. There are no homes or structures involved in the annexed parcel. You have no zone to assign to the land annexed. When the zoning code amendment is adopted, this should be assigned to the Navigable Waterway Zone. 1-21-92,ajs McCALL PLANNING & ZONING UHIBIT ...,{� _- RECEIVED .-(, .-.l./�c City of McCall OFFICE OF THE CLERK BOX 1065 MCCALL, 1DAHO 83638 January 23, 1992 To: Bud Schmidt, City Administrator From: Sue Harley, Planning and Zoning Clerk Re: Public Hearings, Annexations Dear Bud, On January 21, 1992 the City of McCall Planning and Zoning Commission held two public hearings to annex certain properties. One was for the parcel commonly known as the gravel pit, the other is a portion of the Payette Lake. The Commission voted to recommend both annexations. Because two public hearings are required for each annexation, I request that the City Council schedule public hearings for both actions. Thanks Mr.CALL PL ANI' HWE " ZONING PUBLIC NOTICE Notice is hereby given that the McCall City Council will hold a public hearing on February 27, 1992 at 8:00 p.m. at McCall City Hall, 216 Park Street, McCall, Idaho on the following matter: An application by the City of McCall to annex the unincorporated property legally described as: Commencing at the norther.ly corner common to Lots 7 and 8, Recorder's Plat, Lot 1, Section 8, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on the Official Plat thereof on file in Book 4, Page 15 of Plats in the Office of the Recorder of Valley County, Idaho, being a point on the high water mark of Big Payette Lake, the REAL POINT OF BEGINNING: Thence, N. 50° E., to the Low Water Mark of Big Payette Lake, thence, continuing N. 50° E., 1320.0 feet, more or less, over the waters o.f said Lake to a point on a line parallel to and 1320.0 feet from the Low Water Mark of said Lake, thence, southeasterly along said parallel line to the westerly boundary of that particular Annexation to the Corporate Limits of the Village of McCall adopted as Ordinance No. 219 on the 14th day of August, 1961, thence, S. 45° W., 1320.0 feet, more or less, along said boundary to the Low Water Mark of said Lake, thence, S. 89° 41' W., along said boundary, to the northwest corner of Lot 8, Shellworth Park Subdivision, as shown on the Official Plat thereof on file in Book 1, Page 14 of Plats in the Office of the Recorder of Valley County, Idaho, being a point on the High Water Mark of Big Payette Lake, thence, Northwesterly along said High Water Mark to the Point of Beginning. Bearings based on Recorder's Plat and Shellworth Park Subdivision. This action would incorporate portions of Payette Lake into the City as permitted by Idaho Code 50-221 to allow enforcement of City Ordinance, particularly the no wake zone. Notice is hereby given that interested persons are invited to attend and be heard. Written comment may be addressed to: Mayor and City Council, City of McCall, P.O. Box 1065, McCall, Idaho 83638. Dated this .70 day of January, 1992 rtfiur . Schmidt City erk McCALL PLANNING & ZONING EXHIBIT 1-3 RECEIVED 214/22.___ Publisher's Affidavit of PublicationSTATE 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 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 in a supplement; and that publication of such notice began February 6, and ended February • 1992. ub-cribed and sworn before mew- the 1j day of February, 1992. STATE OF IDAHO COUNTY OF VALLEY On this 13th day of February, 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. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1993 PUBLIC NOTICE APPLICATION TO ANNEX UNINCORPORATED PROPERTY Notice is hereby given that thel McCall City Council will hold "apub-, lic hearing on February 27, 1992 at 8:00 p.m. at McCall City Hall, 216' Park Street, McCall, Idaho on the fol- lowing matter: , An application by the City oil McCall to annex the unincorporated' property legally described as: Commencing at the northerly corner common to Lots 7 and 8,1 Recorder's Plat, Lot 1, Section 8, T.181 N., R. 3 E., B.M., Valley Count Idaho, as shown on the Official Plat; thereof on file in Book 4, Page 15 of Plats in the Office of the Recorder of ' Valley County, Idaho, being a point on the high water mark of Big i Payette Lake, the REAL POINT OF BEGINNING: Thence, N. 50° E., to the Low Water Mark of Big Payette Lake, thence, continuing N. 50° E., 1320.0 , feet, more or less, over the waters of ....:a T ..1•2'Git-tFzt'.irdy-rr.ae.J uu vaczllol, a3xa a)E-1 ape,sap isau'salux ag1;o maw ZS£# 'ssaa3E axe I 'paan', 9Z£# Tom pus oridas T j Wm 000' I I $ jE Sup]ElS Ssa33e B?1V'I glint Sl<' rnr,l Ilsio; •le$ pazts1ano'gieq Z'•unpq £'Main as LZL# 000.0ZI91 pq Z • ilrypi uT sUTniucuIopuo3 algrnsap Tsoul S£S# •1e, rateio3ap I[OM Split/WA OUIO3 Fallen pue puod !alms •'eg palM uo9eM JEN •aTuoq uupq' nqe; qqm sornsg alpusq$nf ui roe +b'gtsq Z CITY OF McCALL PLANNING AND ZONING COMMISSION MINUTES January 21, 1992 Attending: Gary Ertter, Chairman Larry Lovitt Tim Swanson Chairman Ertter opened the meeting at 7:52. The minutes of January 7 were approved as written. PUBLIC HEARING, GRAVEL PIT ANNEXATION At 7:54 Chairman Ertter opened the public hearing. The City Administrator read a staff report (attached). The following persons appeared and were heard: Jim Staup, who had questions about toxins and exact location of the pit. Jeff Sheldon, commented in favor of the annexation. Ertter closed the hearing to public comment at 8:05. Lovitt moved to recommend to the City Council to approve the annexation. Swanson seconded and the motion carried unanimously. Lovitt then moved to recommend to the City Council to zone the area to be annexed zone F Urban Agriculture. Swanson seconded and the motion carried unanimously. The public hearing was closed at 8:10. PROPOSED HOME BUSINESS, LARRY CRAIG After a brief discussion, Swanson moved to approve the business proposed by Mr. Craig, so long as it maintains a residential appearance. Lovitt seconded and the motion carried unanimously. ******* McCALL PLANNING & ZONING EXHIBIT ! S RECEIVED PUBLIC HEARING ANNEXATION INTO A PORTION OF PAYETTE LAKE **** Chairman Ertter opened the public hearing at 8:15. The City Administrator read a staff report (attached). The following persons appeared and were heard: Jim Staup, who questioned the purpose of the annexation. Larry Craig, who questioned the location. The public hearing was closed to public comment at 8:23. Lovitt moved to recommend to the City Council to annex the unincorporated area of the Big Payette Lake a distance of one fourth of a mile from the low water mark of said lake, from the points where the corporate limits of said City now intersect with said low water mark. Swanson seconded and the motion carried unanimously. The public hearing was closed at 8:27. Lovitt had questions about the purpose of V.A.L.U.E.D., which Administrator Schmidt addressed. With no further business, Swanson moved to adjourn the meeting. Lovitt seconded and the motion carried. The meeting adjourned at 8:35. Resp tfully Submitted, Gary Ertter, Ch irman In the Matter of: Proposed Annexation by the City of McCall } } } Findings of Facts and Conclusions of Law The matter of an application by the City of McCall to Annex an unincorporated portion of the Big Payette Lake, having been presented to the City of McCall Planning and Zoning Commission (hereinafter referred to as the Commission) said Commission hereby makes the following Findings of Facts and Conclusions of Law. FINDINGS OF FACTS The McCall Planning and Zoning Commission scheduled a public hearing for a proposal to annex an unincorporated portion of the Big Payette Lake legally described as: A parcel situate in the N 1/2, Section 8, T. 18 N., R. 3E., B.M., Valley County, Idaho, more particularly described as follows: Commencing at the northerly corner common to lots 7 and 8, Recorder's Plat, Lot 1, Section 8, T. 18 N., R. 3 E., B.M. Valley County, Idaho, as shown on the Official Plat thereof on file in Book 4, Page 15 of Plats in the Office of the Recorder of Valley County, Idaho, being a point on the high water mark of Big Payette Lake, the real point of Beginning: Thence, N. 50 deg. E., to the Low Water mark of Big Payette Lake, thence, continuing N. 50 deg. E., 1320.0 feet, more or less, over the waters of said Lake to a point on a line parallel to and 1320.0 feet from the Low Water Mark of said Lake, thence, southeasterly along said parallel line to the westerly boundary of that particular Annexation to the Corporate Limits of the Village of McCall adopted as Ordinance No. 219 on the 14th day of August, 1961, thence, S. 45 deg W., 1320.0 feet, more or less, along said boundary to the Low Water Mark of said Lake, thence S. 89 deg 41' W., along said boundary, to the northwest corner of Lot 8, Shellworth Park Subdivision, as shown on the Official Plat thereof on file in Book 1, page 14 of Plats in the Office of the Recorder of Valley County, Idaho being a point on the High Water Mark of Big Payette Lake, thence Northwesterly along said High Water Mark to the Point of Beginning. Bearings based on Recorder's Plat and Shellworth Park Subdivision Public Notice of the hearing was published December 26, 1991 in the Idaho Star News. Forty six property owners within 300 feet of the property were notified. A notice was posted on the property as is required by law. McCALL PLANNING & ZONING EXHIBIT I/� RECEIVED _.;ZL2--. As noticed, on January 21, 1992 at 8:15 at the McCall City Hall, the Commission held a public hearing, for which a quorum was present. At said public hearing, the Commission received the staff report and recommendations, was presented with information pertinent to the annexation and solicited public comment. The comments and recommendations were noted and considered by the Commission. Staff advised that no letters regarding the proposed annexation were received. The following persons appeared and were heard: Jim Staup, who questioned the purpose of the annexation. Larry Craig, who questioned the location. When no others came forth to be heard, the hearing was closed to public comment. After a brief discussion, a motion was made, seconded and unanimously carried, to recommend the annexation. It was deemed that no appropriate zone could be imposed until the adoption of the new zoning ordinance. CONCLUSIONS OF LAW The action and findings of the proposed annexation of the above described property is governed by McCall City Code 3-25-7, and Idaho Code 67-6525. The Commission reviewed the record of this proposal and voted to recommend that the proposed parcel be annexed and the zone shall be appropriately decided when the new zoning ordinance is adopted. Based on these Facts and Findings, the recommendations proposed by the Commission comply with McCall City Code 3-25-7 and Idaho Code 67-6525, Titled Local Planning Act. dated ma's 3u day of January, 1992 ary rtter, Chairman, Pla ing and Zoning Commission