HomeMy Public PortalAboutOrd. 519 - Zoning ORDINANCE N0.
AN ORDINANCE RELATED TO ZONING; CHANGING ZONE CLASSI-
FICATION OF CERTAIN PROPERTY IN THE McCALL AREA OF
CITY IMPACT; AMENDING THE MAP OF ZONING OF THE McCALL
AREA OF CITY IMPACT; AND DIRECTING THE CITY ENGINEER
TO ENDORSE SUCH CHANGES ON SAID MAP.
WHEREAS, proper notices of hearing having been given
and appropriate hearings thereon having been held as
required by law, by the McCall Area of City Impact
Planning and Zoning Commission and the McCall City
Council.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF McCALL AS FOLLOWS :
Section 1. That the Zone classification of the following
described real property in the McCall Area of City Impact now
zoned Zone E-Agriculture District be, and the same is hereby
changed to Zone C-Commercial District, to-wit:
A tract of land located in the NWJ NEI, &W4 NEt, of Section 21 ,
Township 18 North, Range 3 East, Boise Meridian, Valley County,
Idaho, and being more particularly described as follows!
Commencing at the Quarter Corner common to Sections 16 and 21 ,
T. 18 N. , R 3 E. , B M, which is the TRUE POINT OF BEGINNINGS;
Thence South 89° 22' 08" East-, 571 .85 feet to a point' on the
West boundary Right-of way of State Highway 55; 'Thence South 16''
40' 00" East 638.07 feet along said Right-of-way to a point;
Thence South 35° 32' 43" West, 448.67 feet to a point; Thence
South 32° 58; 04" West, 429.48 feet to a point; Thence South 1°
18' 04" West, 186.05 feet to a point; Thence South 31° 27' 40"
West, 187.98 feet to a point; Thence North 89° 22' 08" West, 175.23
feet to a point-; Thence North 0° 34' 56" East, 1687.44 feet to the
true point of beginning; Comprising 19.90 acres more or less.
A tract of land in the SW4 SE4 of Section 16, Township 18 North, Range 3
East, B.M. , in Valley County, Idaho, more particularly described as follows:
Commencing at the point of intersection of the East line of the right of
way of State Highway 55, formerly State Highway 15, and the North line of
said SW4 SE4 of said Section 16, thence South along the Easterly boundary
line of the right of way of said State Highway 55 a distance of 650 feet
to the real point of beginning; thence East and parallel to the North boundary
line of said quarter section a distance of 343 feet; thence South and parallel
to the East boundary line of said State Highway 55 a distance of 737.5 feet
more or less to the South boundary of said SO SE4 of said Section 16; thence
West along the South boundary line of said quarter section a distance of
343 feet to the East boundary line of said State Ilighway 55; thence North
along the Easterly boundary line of said State Highway 55 a distance of 737.5
feet more or less to the real point of beginning.
All of the SW4SE4 of Section 16, Township 18 North, Range 3 East, Boise
Meridian, lying and being West of the State Highway No. 15 as is now
situate, SAVE AND EXCEPT THEREFROM the tracts of land more particulary
described as follows: Beginning at the 4 cornier Common to Section 16 and
21 T 18 N, R 3 E BM and running thence N 00 22' 30" E 1217.40' to the true
point of beginning; thence East 194 . 10 ft; thence N 17° 31 ' 00" W 100.00' ;
thence West 164.00' ; thence S 0° 22'30" W 95.35' to the truepoint of
• beginning and containing 0.393 acres more or less in the SW4SE41 Sec. 16;
and ---beginning at the 4 corner common to Sections 16 and 21 , T 18 N,
R 3 East B.M. , and running thence N 00 22' 30" E 1122.05 ft. to the true
point of beginning; thence East 224.20' ; thence N 170 31 ' 00" W 100.00;
thence West 194.101 ; thence:S 0° 22' 30" W 95.35' to the true point of
beginning and containing OVJ56 acres more or less in the Sw4SE4 Sec. 16,
T 18N, R 3 E BM; and Beginning at the Quarter corner common to Sections
16 and 21 , Twp 18 N. R 3 E BM, and running thence N 0° 22' 30" E 621 .40
ft. thence East 183.16 feet to the real point of beginning; thence East 200.00
feet, thence N. 170 31 ' 00" W 150.00 feet; thence West 153.91 feet, thence
S. o° 22' 30" West 143.04 feet to the true point of beginning and containing
0.581 acres more or less in the SW4 of the SEI of Section 16, Twp 18 N R 3E
5.4.
t
A tract of land in the SWISE;- of Section 16, Township 18 North, Range 3
East, B.M. , in Valley County, Idaho, more particularly described as follows:
Commencing at the point of intersection of the East line of the right- of
way of State Highway 55, formerly State Highway 15, and the North line of
of said SAW of said Section 16, thence South along the Easterly boundary
line of the right of way of said State Highway 55 a distance of 450 feet to
the real point of beginning; thence East and parallel to the North boundary
line of said quarter section a distance of 343 feet; thence South and parallel
to the Bast boundary line of said State Highway 55 a distance of 100 feet;
thence West and parallel to the 116 rth boundary line of said quarter section a
distance of 343 feet; thence North along the Easterly boundary line of said
State Highway 55 a distance of 100 feet to the real point of beginning.
A tract of land in the SW}SE} of Section 16, Twp 18 North, Range 3 East,
B.M. , in Valley County, Idaho, more particularly described as follows:
Commencing at the point of intersecton of the East line of the right of
way of State Highway 55, formerly State Highway 15, and the North line of
said SW4SEI of said Section 16; thence South along the Easterly boundary .line
of the right of way of said. State Highway 55 a distance of 550 feet to the
real point of beginning; thence East and parallel to the North boundary line
of said quarter section a distance of 343 feet; thence South and parallel
to the East boundary line of said State Highway 55 a distance of 100 feet;
thence West and parallel to the North boundary line of said quarter section
a distance of 343 feet, thence North along. the Easterly boundary line of
said State Highway 55 a distance of 100 feet to the real point of beginning.
A tract of land located in Section 16, Township 18 North, Range 3 East
of the Boise Meridian, Valley County, Idaho, more particularly
described as follows:
Beginning at the quarter corner common to Sections 16 and 21 , T. 18
N. , R. 3 E. , B.M. ; thence running North 00 22' 30" East, 1122.05 feet
to the TRUE POINT OF BEGINNING: thence East 224 . 20 feet; thence North
17° 31 ' 00" West,95.35 feet to the TRUE POINT OF BEGINNING and con-
Eaining 0.56 acres more or less.
Section 2 . That the Map of Zoning of the City of McCall
be, and the same is hereby amended to make the Zone classifi-
cation changes hereinabove set forth and the city engineer is
hereby directed to endorse such Zone changes on said map.
Passed and approved this 8th day of October, 1987 .
Mayor
Attes
City C r
w
CERTIFICATE OF RECORDING OFFICER
STATE OF IDAHO )
) ss
COUNTY OF VALLEY)
I, the undersigned, the duly appointed, qualified, City Clerk of
McCall City, Idaho, do hereby certify the following:
1 . That pursuant to the provisions of Section 50-207, Idaho
Code, I keep a correct journal of the proceedings of the Council of
McCall City, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. S/ is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on and duly recorded in my
office; and
3. That said regular meeting was duly convened and held in all
respects in accordance with law and to the extent required by law, due
and proper notice of such meeting having been given; that a legal
quorum was present throughout the meeting and that a legally
sufficient number of members of the Council of McCall City voted in
the proper manner and for the passage of said ordinance; and that all
other requirements and proceedings incident to the proper adoption and
passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of McCall, Idaho, this day of
Dom .._ 19 .
l
Arthur J. hmidt , City Clerk
(Seal of the City)
s-(�
ROBERT H. REMAKLU5, LAWYER P.A.
PROFESSIONAL CENTER BUILDING
POST OFFICE BOX 759
CASCADE,IDAHO 83611
TELEPHONE(208)382-4267
October 1 , 1987
Mr. Arthur J. Schmidt
City Clerk/Administrator
P. 0. Box 1065
McCall, Idaho 83638
Dear Bud:
Enclosed is proposed ordinance changing the Everhart, Strode
and Lucas property from Zone E-Agriculture District to Zone
C-Commercial District. Please look it over and if agreeable,
place it on the agenda for the next Council meeting.
While the premises are situated outside of the corporate
limits of the City of McCall it seems to me that with the
extra territorial jurisdiction given to cities under the
Land Use Planning Act along with the agreement that the
city is to administer the area of city impact, the city has
the authority to make the zone change without a like county
ordinance.
To reduce the number of members of the McCall Area of City
Impact Planning and Zoning Commission it will be necessary
for the City and County to amend their respective ordinances
concerning the impact area. This will require a public hear-
ing by the Impact Area Planning and Zoning Commission and
public hearings by both governing bodies. Clayton Anderson,
Valley County Prosecutor, and I have discussed this matter
and are prepared to recommend that at an appropriate time
the Commissioners and the Council could hold a joint public
hearing at McCall. It is also intended to include in this
procedure, by ordinance, that the city shall administer the
impact area.
I shall appreciate your comments.
Very truly yours,
Robert H. Remaklus v
bb
cc Clayton Anderson
PUBLISHL i'S AFFIDAVIT OF PUBLICATIUN
ORDINANCE NO.519 zoned Zone E-Agriculture District be,and the
AN ORDINANCE RELATED same is hereby changed to Zone C-Commer-
STATE OF IDAHO TO ZONING; CHANGING ZONE CLAS- cial District,to-wit:
SIFICATION OF CERTAIN PROPERTY A tract of land located in the NW 1/4,SW l/
IN THE McCALL AREA OF CITY IM- - 4,NE 1/4,of Section 21,Township 18 North,
PACT, AMENDING THE MAP OF ZON- Range 3 East,Boise Meridian,Valley County,
SS. ING OF THE McCALL AREA OF CITY Idaho and being more particularly described
IMPACT; AND DIRECTING THE'CITY as follows:
ENGINEER TO ENDORSE SUCH Commencing at the Quarter Cor-
County of Valley CHANGES ON SAID MAP. ner common to Sections 16 and 21,T.18 N.,
WHEREAS, proper notices of R 3 E.,B M,which is the TRUE POINTOF
hearinhearings thereon been
a having been held aven and appropriate
preq tired BEGINNINGS; Thence South 89° 22' 08"
by law,by the McCall Area of City Impact East, 571.85 feet to a point on the West
boundary Right-of-way of State Highway 55;
I, Lorrice Platt, being duly sworn deposes and says, I am the recep- Planning and Zoning Commission and the McCall City Council. Thence South 16°40' 00" East 638.07 feet ist Of The Central Idaho Star-News, a weekly newspaper publish- Now, THEREFORE, BE IT along said Right-of-way to a point;Thence
South 35,32'43"West,448.67 feettoapoint;
at McCall, in the County of Valley, State of Idaho; that said ORDAINED BY THE MAYOR AND ThenceSouth32°58;st,West,feet to
point;
newspaper is in general circulation in the county of aforesaid and is a COUNCIL OF THE CITY OF McCALL AS a point;Thence South 1°18'04"West;186.05
legal newspaper; eet to
FOLLOWS: feet to a point; Thence South 31°27' 40"
Ol�D INANCE #519 Section i That the Zone cl prop- West,187.098 feet to a point;Thence North
that the cation of the following described real prop- 890 22' 08"WEST, 175.23 feet to a point;
a c0 erty in the McCall Area of City Impact now Thence North 0°34'56"East,1687.44 feet to
py of which is attached hereto and made a part hereof, was the true point of beginning; Comprising
published in said newspaper once a week for One con- 19.90 acres more or less.
secutive weeks in the regular and entire issue of every number A tract of land in the SWIA of
thereof during the period and time of publication, and was published in Section 16, Township 18 North, Range 3
East, B.M., in Valley County,Idaho,more
the newspaper proper and not in a supplement; and that publication of particularly described as follows:
such notice began,
Commencing at the point of inter-
section of the East line of the right of way of
November 19 19 87 State Highway 55,formerly State Highway
15,and the North line of said SW 1/4 SEI/4 of
said Section 16,thence South along the East-
and ended, November 19 119 87 erly boundary line of the right of way of said
State Highway 55 a distance of 650 feet to the
realint of beginning;thence East and par-
allel
ar-
allelpto the North boundary line of said quarter
section a distance of 343 feet;thence South
Subscribed and sworn before me,this the and parallel to the East boundary line of said
State Highway 55 a distance of 737.5 feet
19th day of November 19 87 more or less to the South boundary of said
SWI/4 SEI/4 of said Section 16;thence West
along the South boundary line of said quarter
section a distance of 343 feet to the East
boundary line of said State Highway 55;
STATE OF IDAHO,COUNTY OF VALLEY,ss.. thence North along the Easterly boundary
On this 19th day of November s 87 line of said State Highway 55 a distance of
737.5 feet more or less to the real point of
before me, a Notary Public in and for said beginning.Allof the SW l/4SE 1/4 of Section
State, personally appeared Lorrice Platt known
to me or identified to me to be the receptionist 16,Township 18 North,Range 3 East,BoiseMeridian,lying and being West of the State
of the corporation that executed the instrument
Highway No. 15 as is now situate, SAVE
rr the person(s)who executed the instrument on AND EXCEPT THEREFROM the tracts of
beland more particularly described as follows:
half of said corporation,and acknowledged to Beginning at the 1/4 corner Common to Sec-
tion 16 suc corporation executed the same. tion 16 and 21 T 18 N.R 3 E BM and running
thence N 01 22'30"E 1217.40`to the true point
w Tom Grote
Notary Public
Residing at McCall,Idaho
ROBERT H. REMAKLUS, LAWYER P.A.
PROFESSIONAL CENTER BUILDING
POST OFFICE BOX 759
CASCADE,IDAHO 83611
TELEPHONE(208)382.4267
October 1, 1987
Mr. Arthur J. Schmidt
City Clerk/Administrator
P. 0. Box 1065
McCall, Idaho 83638
Dear Bud:
Enclosed is proposed ordinance changing the Everhart, Strode
and Lucas property from Zone E-Agriculture District to Zone
C-Commercial District. Please look it over and if agreeable,
place it on the agenda for the next Council meeting.
While the premises are situated outside of the corporate
limits of the City of McCall it seems to me that with the
extra territorial jurisdiction given to cities under the
Land Use Planning Act along with the agreement that the
city is to administer the area of city impact, the city has
the authority to make the zone change without a like county
ordinance.
To reduce the number of members of the McCall Area of City
Impact Planning and Zoning Commission it will be necessary
for the City and County to amend their respective ordinances
concerning the impact area. This will require a public hear-
ing by the Impact Area Planning and Zoning Commission and
public hearings by both governing bodies. Clayton Anderson,
Valley County Prosecutor, and I have discussed this matter
and are prepared to recommend that at an appropriate time
the Commissioners and the Council could hold a joint public
hearing at McCall. It is also intended to include in this
procedure, by ordinance, that the city shall administer the
impact area.
I shall appreciate your comments.
Very truly yours,
Robert H. Remaklus
bb
cc Clayton Anderson