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Home My Public Portal AboutOrd. 996 Rezone 1.47 Acres of 185 Rio Vista BlvdInstrument # 435318 VALLEY COUNTY, CASCADE, IDAHO 12-07-2020 11:53:43 No. of Pages: 3 Recorded for: CITY OF MCCALL DOUGLAS A. MILLER Fee: $0.00 Ex-Officio Recorder Deputy: AMF Electronically Recorded by Simplifile REZONE ORDINANCE ORDINANCE NO. 996 AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING CERTAIN REAL PROPERTY 3.02 ACRES IN SIZE LOCATED ADJACENT TO AND SOUTH OF 1.47 ACRES WITH AN ADDRESS OF 185 RIO VISTA BOULEVARD, IN THE CITY OF MCCALL, FROM R1-RESIDENTIAL, ONE DWELLING UNIT PER ACRE TO CC - COMMUNITY COMMERCIAL; 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 zone or zoning districts where appropriate; and WHEREAS, McCall City Code 3.13.05 provides for the methods by which amendments to the zoning map may be initiated; and WHEREAS, the City of McCall received an application for a zoning map amendment on February 19, 2019; and WHEREAS, the McCall Area Planning and Zoning Commission held a regularly scheduled and properly noticed public hearing to consider the zoning map amendment on April 2, 2019; and WHEREAS, at its April 2, 2019, meeting, the McCall Area Planning and Zoning Commission recommended the zoning map amendment for approval by the McCall City Council; and WHEREAS, the McCall City Council, pursuant to public notice as required by law, held a public hearing on July 11, 2019 to consider the proposed zoning map amendment request for the real property described in Exhibit A below and made findings as required by law and determined that the requested zoning map amendment was consistent with the McCall Area Comprehensive Plan. WHEREAS, on July 11, 2019 the McCall City Council adopted an ordinance rezoning the property from R-1 Residential to CC- Community Commercial; and WHEREAS, the ordinance adopted on July 11, 2019, was not published nor recorded and the time has passed for publishing that ordinance such that a new ordinance is required in order that that rezone will be effective. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Ordinance No. 996 Rezone 185 Rio Vista Blvd November 19, 2020 Page 1 of 2 Section 1: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and declare that the rezone of that certain real property described in Exhibit A does not require amendment to the McCall Comprehensive Plan. Section 2: The real property described in Exhibit A is hereby rezoned from R1- Residential, One Dwelling Unit Per Acre to CC -Community Commercial. Section 3: The zoning classification for the property described in Section 2 above is hereby established as CC -Community Commercial as provided in the Zoning Ordinance of the City. The official zoning map of the City is hereby amended to include the real property described in Section 2 above in the CC -Community Commercial zoning district. Section 4: This Ordinance, or a summary thereof in compliance with Section 50- 901A, Idaho Code, shall be published once and shall take effect and be in force from and after its passage, approval, and publication. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 19 DAY OF NOVEMBER 2020. CITY OF McCALL Robert S. Giles, Mayor STATE OF IDAHO, ) : ss: County of Valley. ) On this 20 day of MO.( ern N- , 2020, before me, a Notary Public, appeared ROBERT S GILES and BESSIEJO WAGNER, known, or identified to me to be the MAYOR and CITY CLERK, respectively, of CITY OF MCCALL that executed the said instrument, and acknowledged to me that they executed the same on behalf of THE CITY OF MCCALL. SARAH EDSON NOTARY PUBLIC - STATE OF IDAHO COMMISSION NUMBER 20200108 MY COMMISSION EXPIRES 1-10-2026 Ordinance No. 996 Rezone 185 Rio Vista Blvd November 19, 2020 otary Public for Idaho Page 2 of 2 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY SECESH ENGINEERING, INC. 335 D+eim'laard Lane, Suite i P.O. Box 713 McCall. ID 33,339 208-534-5333 • FAX 208-834-8322 PRELIMINARY LEGAL DESCRIPTION AIcCALL VALLEY STORAGE CONDOMINIUM A parcel of land, a portion of the northwest 1/4 of the northwest 1,1'' of Section 17, T.18N_, R.3 E., B.bL, City of McCall, Valley County, Idaho, more particularly described as; COMMENCING at the W 114 corner of said Section 17; thence along the west line of said Section 17, A.) N.0° 11 ' 13''E_, 1324.33 feet; thence, depaning said section line, along the south line of said NW 114 of tine NW 114, .1 N. S9°57" 13 "E. , 24.64 feet to a Flint ,DIE the cast Right -of -Way line for Boydstun Street, the POINT OF BEGINNING; thane, along said Right -of -Way, 1.) N.D°08'58"E_, 393.54 feet; thence, departing said Right-of-way, 2.) 5.89°51'02"E., 161_05 feet; thence, 3.) N.O°08'53"E., 65.00 feet; thence, 4.) :.89°51'02"E., 149.58 feet; thence, 5.) S.0°15" IP "ter'. , 458.36 fret to a point on the north boundary of McCall Industrial Park, filed ill Book 8 at Page 11 of Plats, as Instrument Number 156826, Records off Valley )County, Idaho; thence, along said boundary, 6.)) N.89°53'O8"W., 30P.79 feet too the POINT OF BEGINNING. CONTAINING 3_ 02 Acres, IIn143rc or icy_ 6-29-2019 Development Agreement between Owner and the City of McCall —McCall Valley Storage Condominiums Page 9of11 A SUMMARY OF ORDINANCE NO.996 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING CERTAIN REAL PROPERTY 3.02 ACRES IN SIZE LOCATED ADJACENT TO AND SOUTH OF 1.47 ACRES WITH AN ADDRESS OF 185 RIO VISTA BOULEVARD, IN THE CITY OF MCCALL, FROM Rl-RESIDENTIAL, ONE DWELLING UNIT PER ACRE TO CC- COMMUNITY COMMERCIAL; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. This ordinance rezones property at 185 Rio Vista Boulevard, McCall, Idaho, of approximately 3.02 acres from R1- Residential, One Dwelling Unit Per Acre to CC-Community Commercial according to Title 3,Chapter 3,McCall City Code. The property is described at Exhibit A attached hereto, This ordinance is effective immediately after its passage and publication as required by law. 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 19 DAY OF NOVEMBER 2020. •O�'IdeC C.,,��i APPROVED: � fsJ • * M L Robert S.-Giles, Mayor ATTEST: ID A If BessieJo Wa , City Clept ORDINANCE SUMMARY CERTIFICATION Ordinance No. 996 Certification of City Legal Advisor of the Summary prepared for the above-numbered Ordinance I, William F. Nichols, City Attorney for the city of McCall, Idaho, hereby declare and certify that in my capacity as City Attorney of the city of McCall, pursuant to Idaho Code Section 50-901A(3) of the Idaho Code as amended, I have reviewed a copy of the above Summary of Ordinance, have found the same to be true and complete, and said Summary of Ordinance provides adequate notice to the public of the contents, including the exhibits, of Ordinance No. 996. DATED this 19th day of November 2020. __________________________________________ William F. Nichols, City Attorney McCall, Idaho DocuSign Envelope ID: 32693F57-97DA-456C-A229-31132681AF2E Publisher’s Affidavit of Publication STATE OF IDAHO County of Valley }.ss } I, Tricia Warren, being duly sworn and say, I am the office manager of The Star-News, a weekly newspaper published at McCall, in the County of Val- ley, State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began December 10, 2020 and ended December 10, 2020. _______________________________________ Subscribed and sworn before me this the 10th day of December, 2020. STATE OF IDAHO COUNTY OF VALLEY On this 10th day of December in the year of 2020, before me, a Notary Public, personally appeared Tricia Warren, 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 1/19/2024 A SUMMARY OF ORDINANCE NO. 996PASSED BY THE CITY OF Mc-CALL, IDAHOAN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING CERTAIN REAL PROPERTY 3.02 ACRES IN SIZE LO-CATED ADJACENT TO AND SOUTH OF 1.47 ACRES WITH AN ADDRESS OF 185 RIO VISTA BOULEVARD, IN THE CITY OF MCCALL, FROM R1-RESIDENTIAL, ONE DWELLING UNIT PER ACRE TO CC-COMMU-NITY COMMERCIAL; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE.This ordinance rezones property at 185 Rio Vista Boulevard, McCall, Ida-ho, of approximately 3.02 acres from R1- Residential, One Dwelling Unit Per Acre to CC-Community Com-mercial according to Title 3, Chapter 3, McCall City Code. The property is described at Exhibit A attached hereto,This ordinance is effective immedi-ately after its passage and publication as required by law. The full text of the Ordi-nance 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 19 DAY OF NOVEMBER 2020.APPROVED:Robert S. Giles, MayorATTEST:BessieJo Wagner,City Clerk1tc12/10