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HomeMy Public PortalAboutOrd. 872 - Cross Bar Rezone from R1 to R16ORDINANCE NO. 872 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO REZONING A CERTAIN REAL PROPERTY IN THE CITY OF McCALL FROM RI TO R16; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall, Valley County, Idaho, is a municipal corporation duly organized and operating under the laws of the State of Idaho and is authorized under the provisions of 67-6511, Idaho Code, to establish within its jurisdiction one or more zones or zoning districts where appropriate; and WHEREAS, City Code of McCall Section 3.13.05 provides the methods by which amendments to the zoning map may be initiated by the McCall City Council or the McCall Planning and Zoning Commission; and WHEREAS, on March 16, 2006, the McCall City Council created an R16 zone intended to permit multiple family dwelling units and intended to encourage a variety of housing opportunities; and WHEREAS, Clayn Sonderegger, representative for Cross Bar LLC, originally requested that the current R1 zoning designation be rezoned (ZON-06-03) to R16 for purpose of increasing the property density to afford construction of Crossbar Condominiums (SUB-06-05, PUD-06-01, DR-06-14, SR-06-20) consisting of 48 residential units and 16 commercial; and WHEREAS, the McCall City Council, pursuant to public notice as required by law, held a public hearing on June 7, 2007 on the proposed zoning map amendment separate from the Crossbar applications, made findings of fact and conclusions of law as required by law, and approved the rezone request because of a finding that the rezone request is generally in accordance with the policies of the McCall Comprehensive Plan and in the best interests of the citizens of the City of McCall, and not based upon the Crossbar Condominiums applications; and WHEREAS, the McCall City Council adopted Ordinance 837 at a public hearing on July 12, 2007 to enact the rezone application (ZON-06-03), but the ordinance (No. 837) was never published as required by law and therefore is void, making the adoption and publication of this ordinance necessary to complete the action of the Council; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and declare that the rezone of the subject property does not require an amendment to the Comprehensive Plan. Section 2: The real property, all located within the City of McCall and particularly described in Exhibit "A" is hereby rezoned from R1 to R16, from and after the effective date of this ordinance. Ordinance No.872 February 11, 2010 Section 3: The zoning classification for the property described in Section 2 above is hereby established as the R16 Zone as provided in the McCall City Code Title 3, Chapter 3. Section 4: Ordinance approval is subject to a finalized development agreement. Section 5: This Ordinance shall take effect immediately upon its passage and approval. PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 25 DAY OF FEBRUARY, 2010. ,% Vic CA $ 0 .......... SEAL ATTEST: Bessie o Wa ity C1 k City Clerk CITY OF McCALL Valley County, Idaho By ona d C. Bailey, Mayor 2 Ordinance No.872 February II, 2010 EXHIBIT A LEGAL DESCRIPTION Ordinance No.872 February 11, 2010 Cascade Office PO Box 188 105 N Main Street Cascade, Idaho 83611 Office: 2.08-,382-4902 Fax: 208 382-3410 Rennison Fodrea Engineers • Surveyors • Planners Eagle Office 128 S Eagle Road Suite B Eagle, Idaho 83616 Office: 208-938-2440 Fax: 208-938-2441 DATE: 5/31/06 Project No.:1741 4.49 ACRES A parcel of land located in the NW1/4 of the NW1/4 of Section 17, T.18 N., R. 3 E., B.M., Valley County, Idaho, being more particularly described as follows: Commencing from a found brass cap monument marking the northwest corner of said Section 17; Thence a bearing of S 00°03'23" E, a distance of 1324.12 feet on the west boundary of said Section 17 to a set 5/8 inch iron pin marking the N1/16 corner common to Section 17 and Section 18 of said T. 18 N., R. 3 E.; Thence a bearing of N 89°52'28" E, a distance of 24.58 feet on the south boundary of said NW1/4 of the NW1/4 of Section 17 to a set 5/8 inch iron pin on the east right-of-way boundary of Boydston Street, said pin being the TRUE POINT OF BEGINNING. Thence a bearing of N 00°03'23" W, a distance of 393.87 feet on said east right-of-way boundary to a set 5/8 inch iron pin; Thence 239.63 feet on the arc of a curve to the right, said curve having a radius of 3961.79 feet and a long chord which bears N 01°43'06" E, a distance of 239.60 feet to a set 5/8 inch iron pin on the south right-of-way boundary of Rio Vista Boulevard; Thence a bearing of N 89°55'18" E, a distance of 303.49 feet on said south right-of-way boundary to a set 5/8 inch iron pin; Thence a bearing of S 00°02'22" W, a distance of 633.17 feet to a set 5/8 inch iron pin on said south boundary of the NW1/4 of the NW1/4 Section 17; Thence a bearing of S 89°45'11" W, a distance of 92.25 feet on said south boundary to a found 5/8 inch iron pin; Thence a bearing of N 89°58'18" W, a distance of 99.86 feet on said south boundary to a found 5/8 inch iron pin; Thence a bearing of S 89°52'28" W, a distance of 117.74 feet to the POINT OF BEGINNING. Said described parcel of land contains 4.49 acres, more or less, together with and subject rights -of - way and easement of record and/or use. Prepared by Rennison Fodrea, Inc. 1t\Nopb\Johnson Architects \1741\Admen\Legals\IegaLdoc EXHIBIT B REZONING MAPS Ordinance N©.872 February 11, 2010 7 f V Ae( ant9 A SUMMARY OF ORDINANCE NO. 872 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, REZONING CERTAIN REAL PROPERTY IN THE CITY OF McCALL FROM RI TO R16; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE: This ordinance rezones the real property particularly described below from R1 to R16. The real property is described as: 4.49 ACRES A parcel of land located in the NW 1/4 of the NW 1/4 of Section 17, T. 18 N., R. 3 E., B.M., Valley County, Idaho, being more particularly described as follows: Commencing from a found brass cap monument marking the northwest comer of said Section 17; Thence a bearing of S 00°03'23" E, a distance of 1324.12 feet on the west boundary of said Section 17 to a set 5/8 inch iron pin marking the N 1/16 corner common to Section 17 and Section 18 of said T. 18 N., R. 3 E.; Thence a bearing of N 89°52'28" E, a distance of 24.58 feet on the south boundary of said NW 1/4 of the NW 1/4 of Section 17 to a set 5/8 inch iron pin on the east right-of-way boundary of Boydston Street, said pin being the TRUE POINT OF BEGINNING. Thence a bearing of N 00°03'23" W, a distance of 393.87 feet on said east right-of-way boundary to a set 5/8 inch iron pin; Thence 239.63 feet on the arc of a curve to the right, said curve having a radius of 3961.79 feet and a long chord which bears N 01°43'06" E, a distance of 239.60 feet to a set 5/8 inch iron pin on the south right-of-way boundary of Rio Vista Boulevard; Thence a bearing of N 89°55'18" E, a distance of 303.49 feet on said south right-of-way boundary to a set 5/8 inch iron pin; Thence a bearing of S 00°02'22" W, a distance of 633.17 feet to a set 5/8 inch iron pin on said south boundary of the NW 1/4 of the NW 1/4 Section 17; Thence a bearing of S 89°45'11" W, a distance of 92.25 feet on said south boundary to a found 5/8 inch iron pin; Thence a bearing of N 89°58'18" W, a distance of 99.86 feet on said south boundary to a found 5/8 inch iron pin; Thence a bearing of S 89°52'28" W, a distance of 117.74 feet to the POINT OF BEGINNING. Said described parcel of land contains 4.49 acres, more or less, together with and subject rights -of -way and easement of record and/or use. The Ordinance shall be effective upon publication of this Summary. The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 25 DAY OF FEBRUARY, 2010. smiefferg Approved: OF Mc d C. Bailey, Mayor