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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: % tl using/qi et" MCCdtyb .04....r._�t, t• O x 0= In ntua00Lt.) BessieJo W. =r, City Clerk CITY OF McCALL ckie J. A, mon, ayor STATE OF IDAHO, ) : ss: 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 'o a. p.L LAN, ,GISTER\ 9585 oF sx1 •PG o 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. '% C . �X� 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