HomeMy Public PortalAboutOrd. 928 - West Lake Street Rezone R4 to R8Instrument # 389196
VALLEY COUNTY, CASCADE, IDAHO
12-31-2014 11:1613 AM No. of Pages: 3
Recorded for : CITY OF MCC
DOUGLAS A. MILLER
(1 1p,Ex-Officio Recorder Deputy
ORDINANCE NO.921a to ORDINANCES
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO
REZONING CERTAIN REAL PROPERTY LOCATED AT 101, 103A, 103B AND 105
WEST LAKE STREET IN THE CITY FROM R4-LOW DENSITY RESIDENTIAL 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 July 29, 2014; and
WHEREAS, the application for zoning map amendment was accompanied by a
Record of Survey application (ROS-14-11) to split the property into two lots; 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
September 9, 2014; and
WHEREAS, at its September 9, 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 October 23, 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 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 amendment to the McCall Comprehensive Plan.
Section 2: The real property described in Exhibit A is hereby rezoned from R4-
Low Density Residential to R8-Medium Density Residential.
Ordinance No. 928
October 23, 2014
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-
901 A, 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 23 DAY OF OCTOBER, 2014
ATTEST:
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BessieJo W. =r, City Clerk
CITY OF McCALL
ckie J. A, mon, ayor
STATE OF IDAHO, )
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County of Valley )
On this LP- day of CALL .— , 2014, before me, a Notary
Public, appeared JACKIE J. AYMON 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.
Ordinance No. 928
October 23, 2014
Notary `Public for daho
Commisslen res: npr 1./
Page 2 of 2
SKIFTUNLAND SURVEYING, INC.
LOTS -BOUNDARY - TOPOGRAPHY - ALTA
SUBDIVISIONS - CONSTRUCTION - FLOOD DATA
Working hard to protect your property investment!
August 4, 2014
Exhibit A
WILLIAM D. POWERS IRREVOCABLE TRUST
TOTAL PROPERTY
Government Lot 6, Sec. 8, T. 18 N., R. 3 E., B.M.
City of McCall, Valley County, Idaho
31,448.8 Sq. Ft.
Page 1 of 1
A parcel of land situate in Government Lot 6, Section 8, T. 18 N., R. 3 E., B.M., City of McCall, Valley
County, Idaho, lying between West Lake Street and Big Payette Lake, more particularly described as follows:
Commencing at a brass cap marking the Section Corner common to Sections 8, 9, 16, and 17, T. 18 N.,R. 3 E.,
B.M., Valley County, Idaho; thence, N. 0°35'07" E., 1979.89 feet along the line common to said Sections 8 and
9, to a 5/8" rebar on the northerly right-of-way of West Lake Street, as shown on the official plat thereof
recorded in Book 3, on Page 51 of Plats, in the Office of the Recorder of Valley County, Idaho; thence, S.
81 °32'44" W., 127.66 feet along said right-of-way to a 5/8" rebar, marking the Southwest Corner of the Crystal
Beach Condominiums, Second Amended Plat, as shown on the official plat thereof, recorded as Instrument No.
346431, in Book 12, on Page 39 of Plats, in the Office of the Recorder of Valley County, Idaho, the REAL
POINT OF BEGINNING:
Thence, S. 82°02' 15" W., 138.56 feet along said northerly right-of-way, to a 5/8" rebar,
Thence, N. 0°35'07" E., 225.87 feet to a 5/8" rebar,
Thence, continuing N. 0°35'07" E., 9.45 feet to a point on the Ordinary High Water Line of Big Payette
Lake,
Thence, S. 87°00'46" E., 26.76 feet along said high water line,
Thence, N. 79°48'07" E., 23.47 feet along said high water line,
Thence, N. 86°10'46" E., 31.21 feet along said high water line,
Thence, S. 86°23'22" E., 22.00 feet along said high water line,
Thence, N. 81°19'43" E., 20.26 feet along said high water line,
Thence, N. 39°46'28" E., 22.37 feet along said high water line, to a point on the westerly boundary of
said Crystal Beach Condominium plat,
Thence, S. 0°35'07" W., 20.18 feet along said westerly boundary, to a 5/8" rebar,
Thence, continuing S. 0°35'07" W., 219.66 feet along said westerly boundary,to the Point of
Beginning, containing 31,448.8 square feet, more or less.
Bearings based on GPS derived State Plane Grid Azimuth.
Original Signed and Filed at location below:
Rod M. Skiftun — P.L.S. 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftunPfrontiernet.net
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A SUMMARY OF ORDINANCE NO. 928
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO
REZONING CERTAIN REAL PROPERTY LOCATED AT 101, 103A, 103B AND 105
WEST LAKE STREET IN THE CITY FROM R4-LOW DENSITY RESIDENTIAL TO
R8-MEDIUM DENSITY RESIDENTIAL; PROVIDING FOR RELATED MATTERS;
AND PROVIDING AN EFFECTIVE DATE.
This ordinance rezones property owned by William D. Powers Irrevocable Trust from
R4-Low Density Residential to R8-Medium 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:
A parcel of land situate in Government Lot 6, Section 8, T. 18 N., R. 3 E., B.M., City of
McCall, Valley County, Idaho, lying between West Lake Street and Big Payette Lake,
more particularly described as follows: Commencing at a brass cap marking the Section
Corner common to Sections 8, 9, 16, and 17, T. 18 N.,R. 3 E., B.M., Valley County,
Idaho; thence, N.0°35'07" E., 1979.89 feet along the line common to said Sections 8 and
9, to a 5/8" rebar on the northerly right-of-way of West Lake Street, as shown on the
official plat thereof recorded in Book 3, on Page 51 of Plats, in the Office of the Recorder
of Valley County, Idaho; thence, S.81 °32'44" W., 127.66 feet along said right-of-way to
a 5/8" rebar, marking the Southwest Corner of the Crystal Beach Condominiums, Second
Amended Plat, as shown on the official plat thereof, recorded as Instrument No. 346431,
in Book 12, on Page 39 of Plats, in the Office of the Recorder of Valley County, Idaho,
the REAL POINT OF BEGINNING: Thence, S.82°02' 15" W., 138.56 feet along said
northerly right-of-way, to a 5/8" rebar, Thence, N.0°35'07" E., 225.87 feet to a 5/8"
rebar, Thence, continuing N.0°35'07" E., 9.45 feet to a point on the Ordinary High Water
Line of Big Payette Lake, Thence, S.87°00'46" E., 26.76 feet along said high water line,
Thence, N.79°48'07" E., 23.47 feet along said high water line, Thence, N.86°10'46" E.,
31.21 feet along said high water line, Thence, S.86°23'22" E., 22.00 feet along said high
water line, Thence, N.81 ° 19'43" E., 20.26 feet along said high water line, Thence,
N.39°46'28" E., 22.37 feet along said high water line, to a point on the westerly
boundary of said Crystal Beach Condominium plat, Thence, S.0°35'07" W., 20.18 feet
along said westerly boundary, to a 5/8" rebar, Thence, continuing S.0°35'07" W., 219.66
feet along said westerly boundary, to the Point of Beginning, containing 31,448.8 square
feet, more or less; 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 Ha11 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. 928 Summary West Lake Street Rezone R4 to R8
October 23, 2014
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 23 DAY
OF OCTOBER, 2014.
Approved:
B ,-- —
ackie J. Almon, 9Vlayor
ATTEST:
By
BessieJo W ; gner, Cit Jerk
Ord. 928 Summary West Lake Street Rezone R4 to R8
October 23, 2014
Page 2 of 2
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 928
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 23 day of October, 2014.
William F. Ni hols
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 November 6, 2014 and ended November 6, 2014.
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Subscribed a d sworn before me this the 6th day of November, 2014.
STATE OF IDAHO
COUNTY OF VALLEY
On this 6th day of November 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.928
PASSED BY THE CITY OF MCCALL, IDAHO AN ORDINANCE OF THE CITY
OF MCCALL, VALLEY COUNTY, IDAHO REZONING CERTAIN REAL PROPER-
TY LOCATED AT 101, 103A, 103B AND 105 WEST LAKE STREET IN THE CITY
FROM R4-LOW DENSITY RESIDENTIAL TO R8-MEDIUM DENSITY RESIDEN-
TIAL; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE
DATE. This ordinance rezones property owned by William D. Powers Irrevocable Trust
from R4-Low Density Residential to R8-Medium 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: A parcel of land situate in Government Lot 6, Section 8, T. 18 N., R. 3 E., B.M.,
City of McCall, Valley County, Idaho, lying between West Lake Street and Big Payette
Lake, more particularly described as follows: Commencing at a brass cap marking the
Section Corner common to Sections 8, 9, 16, and 17, T. 18 N.,R. 3 E., B.M., Valley Coun-
ty, Idaho; thence, N.0°35'07" E., 1979.89 feet along the line common to said Sections 8
and 9, to a 5/8" rebar on the northerly right-of-way of West Lake Street, as shown on the
official plat thereof recorded in Book 3, on Page 51 of Plats, in the Office of the Recorder
of Valley County, Idaho; thence, S.81 °32.44" W., 127.66 feet along said right-of-way
to a 5/8" rebar, marking the Southwest Corner of the Crystal Beach Condominiums.
Second Amended Plat, as shown on the official plat thereof, recorded as Instrument No.
346431, in Book 12, on Page 39 of Plats, in the Office of the Recorder of Valley County,
Idaho, the REAL POINT OF BEGINNING: Thence, S.82°02.15" W., 138.56 feet along
said northerly right-of-way, to a 5/8" rebar, Thence, N.0°35'07" E., 225.87 feet to a 5/8"
rebar, Thence, continuing N.0°35'07" E., 9.45 feet to a point on the Ordinary High Water
Line of Big Payette Lake, Thence, S.87°00'46" E., 26.76 feet along said high water line,
Thence, N.79°48'07" E., 23.47 feet along said high water line, Thence, N.86°10'46"
E., 31.21 feet along said high water line, Thence, S.86°23'22" E., 22.00 feet along said
high water line, Thence, N.81 ° 19'43" E., 20.26 feet along said high water line, Thence,
N.39°46'28" E., 22.37 feet along said high water line, to a point on the westerly bound-
ary of said Crystal Beach Condominium plat, Thence, S.0°35'07" W., 20.18 feet along
said westerly boundary, to a 5/8" rebar, Thence, continuing S.0°35'07" W., 219.66 feet
along said westerly boundary, to the Point of Beginning, containing 31,448.8 square feet,
more or less; and This ordinance is effective immediately after its passage and publica-
tion 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 23
DAY OF OCTOBER, 2014.
Approved: By Jackie J. Aymon. Mayor
ATTEST: By BessieJo Wagner, City Clerk Itc11/6