HomeMy Public PortalAboutOrd. 927 - Rezone Village on Lake StreetInstrument # 387658
VALLEY COUNTY, CASCADE, IDAHO
10-3-2014 00:52:01 No. of Pages: 3
Recorded for : CITY OF
DOUGLAS A. MILLER
ORDINANCE NO.927 Ex -La c :Record
Index to: gigNANCEs
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING
CERTAIN REAL PROPERTY LOCATED AT 116, 118 AND 120 EAST LAKE STREET AND
113, 115 AND 117 EAST PARK STREET IN THE CITY FROM R8-MEDIUM DENSITY
RESIDENTIAL TO R16-HIGH 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
May 20, 2014; and
WHEREAS, the application for zoning map amendment was accompanied by a Planned
Unit Development Application for a general development plan of the subject property (PUD-14-
02); and
WHEREAS, the application for zoning map amendment was accompanied by a
Development Agreement; 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 July 1,
2014 and continued the public hearing on August 5, 2014; and
WHEREAS, at its August 5, 2014, 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 September 25, 2014 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
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF MCCALL, IDAHO, AS FOLLOWS:
Page 1 of 3
Ordinance No.927
September 25, 2014
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 Medium
Density Residential-R8 to High Density Residential- R16.
Section 3: The zoning classification for the property described in Section 2 above is
hereby established as High Density Residential-R16 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 High Density Residential-R16 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 25 DAY OF SEPTEMBER, 2014
ATTEST:
BessieJo : gner, City
STATE OF IDAHO, )
: ss:
County of Valley )
On this y3 day of
CITY OF McCALL
, 20/4 before me, a Notary Public,
appeared JACKIE J. AYMON and B'ESSIEJO 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.
(SEAL)
rx `
Ordinance No.9/?+4.,,,,„,
September 25, 2014
`h
otary PubYkfor Idaho
Commission Expires:
Page 2 of 3
EXHIBIT "A"
LEGAL DESCRIPTION
VILLAGE ON LAKE STREEET
Certain property located in McCall, Valley County, Idaho, and more particularly described as
follows:
A11 those certain lots, pieces or parcels of land situated in Valley County, Idaho and shown as
Lots 10, 11, 12 and 13, of Block 1, Williams -Mayfield Addition to the Village of McCall, a plat
of which is recorded in the office of the Recorder of Valley County, Idaho;
AND
A tract of land beginning at a point 225.00 feet North and 639.00 feet West of the SE corner of
Government Lot 4, Section 9, Township 18 North, Range 3 East, Boise Meridian Valley County,
Idaho, the Real Point of Beginning:
Thence running West 75.00 feet;
Thence North 276.54 feet;
Thence East 75.00 feet;
Thence South 276.54 feet; to the Real Point of Beginning.
Aka Tax No. 178
AND
A tract of land in Lot 4, Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley
County, Idaho, more particularly described as follows: Beginning at a point 225 feet North and
714 feet West of the Southeast corner of said Lot 4; Thence West 50 feet; Thence North 276.54
feet; Thence East 50 feet; Thence South 276.54 feet to the Point of Beginning. (Aka Tax No. 179
in Government Lot 4.)
AND
A parcel of land in Valley County, Idaho, beginning at a point 225 feet North and 764 feet West
of the Southeast corner of Government Lot 4, Section 9, Township 18 North, Range 3 East,
Boise Meridian, Valley County, Idaho; running West 50 feet to a point; thence North 276.54 feet
to a point; thence East 50 feet to a point; thence South 276.54 feet to the Place of Beginning.
(Aka Tax No. 180 in Government Lot 5.)
Ordinance No.927
September 25, 2014
Page 3 of 3
A SUMMARY OF ORDINANCE NO. 927
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING
CERTAIN REAL PROPERTY LOCATED AT 116, 118 AND 120 EAST LAKE STREET AND
113, 115 AND 117 EAST PARK STREET IN THE CITY FROM R8-MEDIUM DENSITY
RESIDENTIAL TO R16-HIGH DENSITY RESIDENTIAL; PROVIDING FOR RELATED
MATTERS; AND PROVIDING AN EFFECTIVE DATE.
This ordinance rezones property owned by The Lake Street Company LLC from R8-Medium
Density Residential to R16-High Density Residential 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:
Certain property located in McCall, Valley County, Idaho and shown as Lots 10, 11, 12 and 13,
of Block 1, Williams -Mayfield Addition to the Village of McCall, a plat of which is recorded in
the office of the Recorder of Valley County, Idaho; and
A tract of land beginning at a point 225.00 feet North and 639.00 feet West of the SE corner of
Government Lot 4, Section 9, Township 19 North, Range 3 East, Boise Meridian Valley County,
Idaho, the Real Point of Beginning: Thence running West 75.00 feet; Thence North 276.54 feet;
Thence East 75.00 feet; Thence South 276.54 feet; to the Real Point of Beginning; and
A tract of land in Lot 4, Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley
County, Idaho, more particularly described as follows: Beginning at a point 225 feet North and
714 feet West of the Southeast corner of said Lot 4; Thence West 50 feet; Thence North 276.54
feet; Thence East 50 feet; Thence South 276.54 feet to the Point of Beginning; and
A parcel of land in Valley County, Idaho, beginning at a point 225 feet North and 764 feet West
of the Southeast corner of Government Lot 4, Section 9, Township 18 North, Range 3 East,
Boise Meridian, Valley County, Idaho; running West 50 feet to a point; Thence North 276.54
feet to a point; Thence East 50 feet to a point; Thence South 276.54 feet to the Point of
Beginning; 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.
Page 1 of 2
Ord. 927 Summary
September 25, 2014
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 25 DAY OF
SEPTEMBER, 2014.
Approved:
Page 2 of 2
Ord. 927 Summary
September 25, 2014
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 October 9, 2014 and ended October 9, 2014.
Subscribed a d sworn before me this the 9th day of October, 2014.
STATE OF IDAHO
COUNTY OF VALLEY
On this 9th day of October 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.
v '-
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/18
A SUMMARY OF ORDINANCE NO.927
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF MCCALL,
VALLEY COUNTY, IDAHO REZONING CERTAIN
REAL PROPERTY LOCATED AT 116, 118 AND 120
EAST LAKE STREET AND 113, 115 AND 117 EAST
PARK STREET IN THE CITY FROM R8-MEDIUM
DENSITY RESIDENTIAL TO R16-HIGH DENSITY
RESIDENTIAL; PROVIDING FOR RELATED MAT-
TERS; AND PROVIDING AN EbFECTIVE DATE.
This ordinance rezones property owned by The Lake
Street Company LLC from R8-Medium Density Resi-
dential to R16-High Density Residential 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: Certain property located in Mc-
Call, Valley County, Idaho and shown as Lots 10, 11,
12 and 13, of Block 1, Williams -Mayfield Addition to
the Village of McCall, a plat of which is recorded in the
office of the Recorder of Valley County, Idaho; and A
tract of land beginning at a point 225.00 feet North and
639.00 feet West of the SE corner of Government Lot
4, Section 9, Township 19 North, Range 3 East, Boise
Meridian Valley County, Idaho, the Real Point of Be-
ginning: Thence running West 75.00 feet; Thence North
276.54 feet; Thence East 75.00 feet; Thence South
276.54 feet; to the Real Point of Beginning; and A tract
of land in Lot 4, Section 9, Township 18 North, Range
3 East, Boise Meridian, Valley County, Idaho, more par-
ticularly described as follows: Beginning at a point 225
feet North and 714 feet West of the Southeast corner of
said Lot 4; Thence West 50 feet; Thence North 276.54
feet; Thence East 50 feet; Thence South 276.54 feet to
the Point of Beginning; and A parcel of land in Valley
County, Idaho, beginning at a point 225 feet North and
764 feet West of the Southeast corner of Government
Lot 4, Section 9, Township 18 North, Range 3 East, Boi-
se Meridian, Valley County, Idaho; running West 50 feet
to a point; Thence North 276.54 feet to a point; Thence
East 50 feet to a point; Thence South 276.54 feet to the
Point of Beginning; and This ordinance is effective im-
mediately after its passage and publication as required
by law. The full text of the Ordinance is available for re-
view 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 SEPTEMBER, 2014.
Approved: By JACKIE J. AYMON, Mayor
ATTEST: By BessieJo Wagner, City Clerk 1 tc 10/9
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 927
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 25 day of September, 2014.
William F. Nichols