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Home My Public Portal AboutOrd. 924 - ZON-14-01-503 HemlockInstrument * 386234 VALLEY COUNTY, CASCADE, IDAHO 7-20-2014 02:14:02 No. of Pages: 6 Recorded for : CITY OF ALL DOUGLAS A. MILLER Ex-Officio Recorder Index to: ORDINANCES ORDINANCE NUMBER 924 AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, REZONING CERTAIN REAL PROPERTY IN THE CITY OF MCCALL, VALLEY COUNTY, FROM CBD (CENTRAL BUSINESS DISTRICT) TO RESIDENTIAL R-4 (LOW DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT); 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 Title 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 R-4, Low Density Residential zone intended to permit the development of low -density single-family residential neighborhoods consisting of larger home sites and a maximum density of four (4) units per acre; and WHEREAS, single family residential use currently exists on the subject property; and WHEREAS, the residential use zone is generally in conformance with the future land use map designations of the McCall Comprehensive Plan; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1: FINDINGS: 1. The owners of the following described property has made a written request for a re- zone of the zoning classification for the subject Real Property herein described from CBD (CENTRAL BUSINESS DISTRICT) to R-4 Residential (LOW DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT) as defined under Title 3, Chapter 3 of the Municipal Code of the City of McCall, Idaho; and 2. The City of McCall Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its Findings of Fact and Conclusions of Law and Decision and Order granting the application for re -zone; and Page 1 of 4 Ordinance No. 924 ZON-14-01-503 Hemlock July 10, 2014 3. The Real Property which is the subject of this ordinance is legally described in full attached hereto as Exhibit A and depicted in Exhibit B. Section 2: That the Real Property described in Exhibit A attached hereto is hereby re- zoned and designated R-4 Residential (Low Density Single -Family Residential District). Section 3: That City staff is hereby directed to alter all use and area maps as well as the official zoning maps depicting the City of McCall land use zones in accordance with this ordinance. Section 4: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. Section 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication as required by law. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 10 DAY OF JULY, 2014. Attest: •_4 v ti _* L s: �•� oa */ O 4* • BESSIE JO W • E, C i CLERK Ordinance No. 924 ZON-14-01-503 Hemlock July 10, 2014 Approved: KIE J. A MO , MAYOR Page 2 of 4 EXHIBIT A Legal Description Lots 1 and 2, Block 6, of McCall's First Addition to McCall Townsite according to the official plat thereof, on file and of record in the office of the Recorder, Valley County, Idaho, in Book 1 of Plats, at page 28. Also that portion of the vacated alley adjacent to the East boundary of said property, which attaches by operation of law; and A parcel of land located in Government Lot 2, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as: Commencing at the southwest corner of Lot 1 Block 6 McCall's First Addition to McCall Townsite, as shown on Record of Survey, recorded as Instrument Number 221793, records of Valley County, Idaho; thence, 1.) N.81°25'00"W., 45.00 feet; thence, 2.) N.8°35'01"E., 59.94 feet, thence 3.) S.81°12'57"E., 45.00 feet; thence 4.) S.8°35'01"W., 59.79 feet to the POINT OF BEGINNING. Page 3 of 4 Ordinance No. 924 ZON-14-01-503 Hemlock July 10, 2014 EXHIBIT B Ex:;ta= Zoe; lCriD. City of McCall Zoning Classifications Proposed Zone Classification - ctvtc - centrai BUSiness District Low Density Resi itrma! Page 4 of 4 Ordinance No. 924 ZON-14-01-503 Hemlock July 10, 2014 STATE OF IDAHO ) :ss County of Valley ) On this ICE day of ,_� , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Jackie J. Aymon and BessieJo Wagner, the Mayor and City Clerk, respectively of the CITY OF McCALL, IDAHO, known to me or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same and were so authorized to do so on behalf of the City of McCall, Idaho. (SEAL) %L! otary public f r Idaho Commission Expires: A SUMMARY OF ORDINANCE NO.924 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO, REZONING CERTAIN REAL PROPERTY IN THE CITY OF McCALL, VALLEY COUNTY, FROM CBD (CENTRAL BUSINESS DISTRIT) TO RESIDENTIAL R-4 (LOW DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT); PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. This ordinance provides that on March 16, 2006, the McCall City Council created an R-4 Zone (Low Density Single -Family Residential District) intended to permit the development of low - density single-family residential neighborhoods consisting of larger home sites and a maximum density of four (4) units per acre. This ordinance rezones property owned by (Grimes applicant's full name here) from CBD (Central Business District) to Residential R-4 (Low Density Single - Family Residential District) according to Title 3, Chapter 3, McCall City Code. The purpose of the ordinance is to conform the current use to the zone that most appropriately reflects that use. The property is described as follows: Lots 1 and 2, Block 6, of McCall's First Addition to McCall Townsite according to the official plat thereof, on file and of record in the office of the Recorder, Valley County, Idaho, in Book 1 of Plats, at page 28. Also that portion of the vacated alley adjacent to the East boundary of said property, which attaches by operation of law; and A parcel of land located in Government Lot 2, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as: Commencing at the southwest corner of Lot 1 Block 6 McCall's First Addition to McCall Townsite, as shown on Record of Survey, recorded as Instrument Number 221793, records of Valley County, Idaho; thence, 1.) N.81°25'00"W., 45.00 feet; thence, 2.) N.8°35'01 "E., 59.94 feet, thence 3.) S.81 ° 12' 57"E., 45.00 feet; thence 4.) S.8°35'01"W., 59.79 feet to the POINT OF BEGINNING. 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. Page 1 of 2 Ordinance No. 924 Summary July 10, 2014 APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 10 DAY OF JULY, 2014. Approved: ATTEST: By BessieJo Wafter; City Cl •` al* 0�p�unnnp,Oil • CCALL Ire O ' 4. �It. 'Y tU SEAL 0 $ * ..a•. # $, °, Ordinance No. 924 Summary July 10, 2014 Page 2 of 2 Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Kim C. Drake, being duly sworn and say, I am the receptionist 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 July 17, 2014 and ended July 17, 2014. �• YV� Subscribed a d sworn before me this the 17th day of July, 2014. STATE OF IDAHO COUNTY OF VALLEY On this 17th day of July in the year of 2014, before me, a Notary Public, personally appeared Kim C. Drake, 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 2/8/18 A SUMMARY OF ORDINANCE NO.924 PASSED BY THE CITY OF MCCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, A MUNICI- PAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO, REZONING CERTAIN REAL PROPERTY IN THE CITY OF McCALL, VALLEY COUNTY, FROM CBD (CENTRAL BUSINESS DISTRIT) TO RESIDENTIAL R-4 (LOW DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT); PRO- VIDING FOR RELATED MATTERS; AND PROVIDING AN EF- FECTIVE DATE. This ordinance provides that on March 16, 2006, the McCall City Council created an R-4 Zone (Low Density Single - Family Residential District) intended to permit the development of low -density single-family residential neighborhoods consisting of larger home sites and a maximum density of four (4) units per acre. This ordinance rezones property owned by (Grimes applicant's full name here) from CBD (Central Business District) to Residential R-4 (Low Density Single -Family Residential District) according to Title 3. Chapter 3, McCall City Code. The purpose of the ordinance is to conform the current use to the zone that most appropriately re- flects that use. The property is described as follows: Lots 1 and 2, Block 6, of McCall's First Addition to McCall Townsite according to the official plat thereof, on file and of record in the office of the Recorder, Valley County, Idaho, in Book 1 of Plats, at page 28. Also that portion of the vacated alley adjacent to the East boundary of said property, which attaches by operation of law; and A parcel of land located in Government Lot 2, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as: Commencing at the southwest comer of Lot 1 Block 6 McCall's First Addition to McCall Townsite, as shown on Record of Survey, recorded as Instrument Number 221793, records of Valley County, Idaho; thence, 1.) N.81°25'00"W., 45.00 feet; thence, 2.) N.8°35'01"E., 59.94 feet, thence 3.) S.81 ° 12'57"E., 45.00 feet; thence 4.) S.8°35'01 "W., 59.79 feet to the POINT OF BEGINNING.This ordinance is effec- tive 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 Mc - CALL, IDAHO, THIS 10 DAY OF JULY, 2014. Approved: By JACKIE J.AYMON, Mayor ATTEST: By BessieJo Wagner, City Clerk ltc7/17 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 924 Certification of City Legal Advisor of the Summary prepared for the above -numbered Ordinance The undersigned City of McCall Legal Advisor, having reviewed the above - numbered Ordinance and the Summary for the above -numbered Ordinance, believes the Summary of the above -numbered Ordinance is true and complete and that it provides adequate notice to the public of the identity and principal provisions of the Ordinance. Dated this 10 day of July, 2014. William F. Nichols