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Home My Public Portal AboutOrdinance 1014 Rezoning SE Corner Stibnite and Mission StreetsInstrument # 455074 VALLEY COUNTY, CASCADE, IDAHO 01-18-2023 09:23:48 No. of Pages: 3 Recorded for: CITY OF MCCALL DOUGLAS A. MILLER Fee: $0.00 Ex-Officio Recorder Deputy: RRC Electronically Recorded by Simplifile ORDINANCE NO. 1014 AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING CERTAIN REAL PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF STIBNITE AND MISSION STREETS, WEST OF THE FORMER RAILROAD RIGHT OF WAY AND NORTH OF THE MCCALL CEMETERY EXCLUDING THE WILDWOOD CONDOMINIUMS PHASES I AND I1, ADDRESS OF TBD STIBNITE STREET, IN THE CITY OF MCCALL, FROM CV — CIVIC TO R8 — MEDIUM DENSITY RESIDENTIAL; 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 67-651 1, 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 September 19, 2022; 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 November 1, 2022; and WHEREAS, at its November 1, 2022, 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 January 12, 2023, 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 detennined that the requested zoning map amendment was consistent with the McCall Area Comprehensive Plan. 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 that certain real property described in Exhibit A does not require an amendment to the McCall Comprehensive Plan. Section 2: The real property described in Exhibit A is hereby rezoned from CV - Civic to R8 — Medium Density Residential. Ordinance No. 1014 Page 1 of 2 ORDINANCE NO. 1014 AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING CERTAIN REAL PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF STIBNITE AND MISSION STREETS, WEST OF THE FORMER RAILROAD RIGHT OF WAY AND NORTH OF THE MCCALL CEMETERY EXCLUDING THE WILDWOOD CONDOMINIUMS PHASES I AND II, ADDRESS OF TBD STIBNITE STREET, IN THE CITY OF MCCALL, FROM CV — CIVIC TO R8 — MEDIUM DENSITY RESIDENTIAL; 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 September 19, 2022; 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 November 1, 2022; and WHEREAS, at its November 1, 2022, 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 January 12, 2023, 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. 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 that certain real property described in Exhibit A does not require an amendment to the McCall Comprehensive Plan. Section 2: The real property described in Exhibit A is hereby rezoned from CV - Civic to R8 — Medium Density Residential. Ordinance No.1014 Page 1 of 2 Section 3: The zoning classification for the property described in Section 2 above is hereby established as R8 — Medium Density Residential 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 R8 — Medium Density Residential 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 12th DAY OF JANUARY, 2023 CITY OF McCALL Robert S. Giles, Mayor ATTEST: , DQo-Cy c; cler( BessieJo Wagner, City Clerk STATE OF IDAHO, ) : ss: County of Valley. ) On this � day of Jail tt,ar , 2023, before me, a Notary Public, appeared ROBERT S. GILES and BESSIEJ5 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. Noiar' Public for Idaho Commission Expires: 3 / ."0;?0 .:eO Ordinance No.1014 Page 2 of 2 Instrument # 455075 VALLEY COUNTY,CASCADE,IDAHO 01-18-2023 09:23:48 No.of Pages:6 Recorded for:CITY OF MCCALL DOUGLAS A.MILLER Fee:$0.00 Ex-Officio Recorder Deputy:RRC Electronically Recorded by Simplifile LEGAL DESCRIPTION "121 w ® THE Page 1 OF 2 11i LAND --- . GROUP September 8, 2022 Project No.: 120093 EXHIBIT A RIGHT of WAY DEDICATION-1 City of McCall McCall-Donnelly Joint School District An area of land situate in a portion of the Northwest Quarter of the Northwest Quarter of Section 16, Township 18 North, Range 3 East, Boise Meridian, City of McCall,Valley County, Idaho, being more particularly described as follows: COMMENCING at the Northwest corner of said Section 16 (from which the West Quarter Corner of said Section 16 bears South 00°43'56" West, 2643.18 feet distant); thence on the west section line of said Section 16, South 00°43'56" West, 205.02 feet;thence leaving said west section line,South 89°54'11" East,31.93 feet to a point common with the current easterly right of way line of North Mission Street and the current southerly right of way line of Stibnite Street East,said point being the POINT OF BEGINNING: Thence on said current southerly right of way line,South 89°54' 11" East, 544.34 feet,to a point of curvature on the westerly right of way line of the abandoned Oregon Shortline Railroad; Thence 5.08 feet on the arc of a curve to the left, having a radius of 1482.39 feet, a central angle of 00° 11' 47", and whose long chord bears South 10°32'34" West, 5.08 feet; Thence leaving said westerly right of way line, North 89°54' 11" West, 540.40 feet; Thence South 00°43' 56" West, 152.29 feet; Thence South 01°56'50"West, 210.71 feet,to a point on the northerly boundary line of Wildwoods Condominiums as shown on the official plat thereof on file in Book 5, on Page 4 of Plats, in the Office of the Recorder of Valley County, Idaho; Thence on said northerly boundary line, North 89°20'40" West, 6.41 feet,to a point on the current easterly right of way line of North Mission Street; Thence on said current easterly right of way line, North 01°56' 50" East, 368.01 feet ,to the POINT OF BEGINNING. The above-described area of land contains 0.11 Acres (4,799 Ft2), more or less. TOGETHER WITH RIGHT of WAY DEDICATION-2 An area of land situate in a portion of the Northwest Quarter of the Northwest Quarter of Section 16, Township 18 North, Range 3 East, Boise Meridian, City of McCall,Valley County, Idaho, being more particularly described as follows: COMMENCING at the Northwest corner of said Section 16(from which the West Quarter Corner of said Section 16 bears South 00°43'56" West, 2643.18 feet distant); thence on the west section line of said September 8, 2022 Page 2 Section 16,South 00°43'56" West, 1222.29 feet;thence leaving said west section line, South 89°29'30" East,23.30 feet to a point common with the current easterly right of way line of North Mission Street and the northwesterly corner of the McCAll cemetery property;thence on said current easterly right of way line, North 06°25' 23"West,44.92 feet,to the POINT OF BEGINNING: Thence continuing on said current easterly right of way line, North 06°25' 23" West,44.01 feet; Thence North 01°56'50" East, 74.00 feet; Thence leaving said current easterly right of way line,South 88°03' 10" East, 6.41 feet; Thence South 01°56'50"West, 117.54 feet to the POINT OF BEGINNING. The above-described area of land contains 0.014 Acres (614 Ft2), more or less PREPARED BY: The Land Group, Inc. Michael Femenia, PLS �ypL LANr, AGENS:40 64> 0 3 I ' `l LOFio 09/08/2077 Site Planning•Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com Right of Way Dedication for NW COR. SEC. 16 City of McCall CP&F# 2 Situate in the NW 1/4 of the NW 1/4 of Section 16, t... Township 18 North,Range 3 East,Boise Meridian City of McCall,Valley County,Idaho I SCHOOL DISTRICT#421-B 2022 / 1 o I APN:RPM00000163175 1 Uri 41, - - - - `�- - -- - - _ • / M S89°54'11"E STIBNITE STREET EAST o — — 30A0'—POB-1 � � G L1 _ _o _ S89°54'11"E 544.34' _ _ _ - - / 00 4 35' u N89°54'11"W 540.40' �' „ ,I - N I 1 w ,c"� MCCALL-DONNELLY I f o M l" JOINT SCHOOL DISTRICT I f o I i Co I w c�a APN:RPM00000163190 I o n -cr LP I coROW DEDICATION-1 p Q g 0 0.11 Acres± 1 -u 31.4' v' z o (4,799 Ft2) 1 c) 28.6' I MCCALL-DONNELLY E , I JOINT SCHOOL DISTRICT (/) I APN:RPM00000163195 0 O �1 � If 3g S01°56'50"W 210.71' I ticc� ! `.°)r6. l I isvc,),,,ro,LA ,�, ENS.# G : 28.6' 111 1 5 fi Q io jto z 6.4' ? �9Te OF �• 1L3 —— p L2 WILDWOODS 0 1 I CONDOMINIUMS lI 0,706/2CT7 b � I t W 1/4 SEC. 16 CP&F#449437 Curve Table CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH Cl 5.08' 1,482.39' 0°11'47" S10°32'34"W 5.08' I R. s — 0 100' 200' Exhibit "B" I— I' j Id I cv o \ Horizontal Scale:1" = 100' Project No.:122079 A Date of Issuance:September 8,2022 S E =:ted. !i THE Right of Way Dedication N eim '� LAND S E City of McCall o III: GROUP McCall-Donnelly Joint School District NW CP&F#450382CUR.SEC. 16 I I I g __ 1 co WILDWOODS c;I CONDOMINIUMS AMENDMENT �'� PHASE II I `" APN:RPM0522000CMMN o) (NOTA PART) /1-) CO N I N o / 1 Z / i I 1 I ( L7 - - - - O 1 28.6' I ci: —— O 1 35' ! I ..I `_'° _— ROW DEDICATION-2 MCCALL-DONNELLY I co 0 Acres± JOINT SCHOOL DISTRICT I 0.014 61 O ( Ftz APN:RPM00000163195 I 1 cc �— POB-2 u O 90 - - - - -- - - -- — _ _ _ __ I MCCALL CEMETERY DISTRICT I I� APN:RPM00000163405 I o cv1 .... -...1 1 W SEC. 16 1. CP&F#41/4 C94.37 Line Table Line Table a*KL LAj s a> VAG EN`'� e,,P LINE BEARING LENGTH LINE BEARING LENGTH o L1 S89'54'11"E 31.93' L6 NO1°56'50"E 74.00' w ,,,,, s51 a, L2 N89°20'40"W 6.41' L7 S88'03'10"E 6.41' lb N. L3 N89°20'4O"W 24.12' L8 SO1°56'50"W 117.54' 4J T(;OF \* Q' L4 N06"25'23"W 44.92' L9 S89'29'30"E 23.30' -" ,S L5 N06°25'2311/ 44.01' 69/06/2022 Exhibit "B° 0 100' 200' a / Horizontal Scale:1" = 100' Project No.:122079 / Date of Issuance:September 8,2022 IS s IA 1 ' THE Right of Way Dedication N ;': gm OLAND City of McCall o zip . d = GROUP McCall-Donnelly Joint School District N 1ao WARRANTY DEED AND ACCEPTANCE FOR VALUE RECEIVED,McCall-Donnelly Joint School District No.421, ("Grantor"),whose address is 120 Idaho Street,McCall,Idaho 83638, hereby conveys, grants and warrants to the City of McCall, ("Grantee"), whose address is 216 East Park Street, McCall, Idaho 83638, for good and valuable consideration, the following described real property, as set forth in the attached Exhibit A described therein as ("Right of Way Dedication— 1"). This conveyance shall include any and all appurtenances, tenements, hereditaments, reversions, remainders, easements, rights-of-way and water rights in anywise appertaining to the property herein described. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said premises; that the premises are free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. IN WITNESS WHEREOF, the Grantor has exe.-uted this instrument on this 9 day of IOeGQr1,6g1", 2022. •` By: Eric 'ingry Its: Super' e ent STATE OF IDAHO ) :ss County of Valley ) On this 9 day of DeCeM6ii--, in the year 2022, before me personally appeared Eric Pingrey, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he had full legal authority to bind Grantor, and that he executed the same. 0tttttttttt��`4 \-\ oN Expriee tots, aF� o TAR ;; Nota Public orf Idaho ; • (SEAL) :o 0 • 0 Commission expires: - OF ,cPr • 'fistilstt‘‘' WARRANTY DEED AND ACCEPTANCE- 1 ACCEPTANCE GRANTEE DOES HEREBY accept this Warranty Deed herein provided for in accordance with the terms and conditions of the above Warranty Deed and Acceptance. IN WITNESS WHEREOF, the Grantee has executed this instrument on this i), day of ----el- / By: Robert Giles Its: Mayor STATE OF IDAHO ) :ss County of Valley ) On this I il-N day of -30,ntit(trki , in the yeartOf. before me personally appeared Bob Giles, known or identified to me to 'be the person whose name is subscribed to the within instrument, and acknowledged to me that he had full legal authority to bind Grantee, and that he executed the same. LORI A INLIONS NOTARY PUBUC-STA1E OF IDAHO Notary ublic for Idaho COMMISSION NUMBER 20220789 MY COMMISSION EXPIRES 3-1-2028 - (SEAL) Commission expires: 3- / WARRANTY DEED AND ACCEPTANCE- 2 A SUMMARY OF ORDINANCE NO. / 014 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING CERTAIN REAL PROPERTY LOCATED AT TBD STIBNITE STREET IN THE CITY OF MCCALL, FROM CV -CIVIC TO R8 -MEDIUM DENSITY RESIDENTIAL; PROVIDING FOR RELATED MA TIERS; AND PROVIDING AN EFFECTIVE DA TE. This ordinance rezones property owned by the McCall Donnelly School District from CV -Civic to R8 -Medium Density Residential according to Title 3, Chapter 13, McCall City Code. The property is described at Exhibit A attached hereto, and 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 12 1h DAY OF JANUARY, 2023. APPROVED: �� Robert S. Giles, Mayor ATTEST: . bdi �. DR.w� GI.¥ c.\<n<.�' BessieJo Wagn�ity Clerk Ordinance 1014 Summary Rezone CV to R8, January 12, 2023 DocuSign Envelope ID: 9ADA0AD9-33E2-4F0C-B075-2BB1F8DEB902 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 1014 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. 1014 DATED this 12th day of January 2023. __________________________________________ William F. Nichols, City Attorney McCall, Idaho DocuSign Envelope ID: 9ADA0AD9-33E2-4F0C-B075-2BB1F8DEB902