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HomeMy Public PortalAboutOrd. 932 - Lakeside Ave Zoning Map Amendment R8 to CCInstrument 0 391640 VALLEY COUNTY, CASCADE, IDAHO S-1-2015 00:64:41 AM No. of Pages: 3 Recorded for : CITY OF MCCALL DOUGLAS A. MILLER Fee: 0.N ORDINANCE NO.932 oRoR Deix Ir Index to: AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING CERTAIN REAL PROPERTY LOCATED AT 800 LAKESIDE AVENUE IN THE CITY FROM R8- MEDIUM DENSITY RESIDENTIAL TO CC -COMMUNITY COMMERCIAL; 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 January 20, 2015; 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 March 3, 2015; and WHEREAS, at its March 3, 2015, 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 April 9, 2015 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 R8-Medium Density Residential to CC -Community Commercial. Section 3: The zoning classification for the property described in Section 2 above is hereby established as CC -Community Commercial 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 CC -Community Commercial zoning district. Page 1 of 3 Ord. 932 800 Lakeside Avenue Zoning Map Amendment R8 to CC April 9, 2015 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 9 DAY OF APRIL, 2015 CITY OF McCALL ckie J. Aon, Mayor ATTEST: BessieJo : g"ner, City lerk STATE OF IDAHO, ) . ss: County of Valley. ) On this 4 day of r ` , 2015, before me, a Notary Public, appeared JACKIE J. AYMON and 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. ,.PORN tiry Public for aho otrinission Expires: O' Page 2 of 3 Ord. 932 800 Lakeside Avenue Zoning Map Amendment R8 to CC April 9, 2015 EXHIBIT A Legal Description A parcel of land situate in Government Lot 3, Section 8, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the Northwest corner of Government Lot 3, Section 8, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho; thence South 0°00'40" West 484.00 feet along the Westerly boundary of said Government Lot 3; thence North 89°47'30" East 25.00 feet along a line parallel to the Northerly boundary of said Government Lot 3 to the Easterly right-of-way of Boydstun Street, the REAL POINT OF BEGINNING: Thence North 89°47'30" East 522.59 feet to the Westerly right-of-way line of Frost Street (shown as Fourth Street on the Official Plat of Lardo Townsite); thence South 0°03'30" East 355.52 feet along said Westerly right-of-way; thence South 89°57'30" West 223.02 feet along a line parallel to the Southerly boundary of said Government Lot 3; thence North 0°00'40" East 13.00 feet; thence South 89°57'30" West 300.00 feet to the Easterly right -of way line of Boydstun Street; thence North 0°00'40" East 22.00 feet along said Easterly right-of-way; thence North 89°47'30" East 200.00 feet; thence North 0°00'40" East 213.00 feet; thence South 89°47'30" West 200.00 feet to said Easterly right of way; thence North 0°00'30" East 106.00 feet along said Easterly right-of-way to the POINT OF BEGINNING. AND A parcel of land situate in Government Lot 3, Section 8, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, State of Idaho, more particularly described as follows: Commencing at the Northeast corner of Government Lot 3, Section 8, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, State of Idaho; thence South 0°00'40" West 484.00 feet along the Westerly boundary of said Government Lot 3; thence North 89°57'30" East 25.00 feet along a line parallel to the Northerly boundary of said Government Lot 3 to the Easterly right of way of Boydstun Street, the REAL POINT OF BEGINNING; thence North 0°00'40' East 127,00 feet along said Easterly right of way; thence North 89°47'30" East 182,00 feet; thence North 0°00'40" East 110.00 feet; thence North 89°47'30" East 103.50 feet; thence North 0°00'40" East 57.00 feet; thence North 89°47'30" East 75.00 feet; thence North 0°00'40" East 134.00 feet to the Southerly right of way of Lake Side Avenue; Thence North 89°47'30" East 161.57 feet along said Southerly right of way to the Westerly right of way of Frost Street (shown as Fourth Street on the Official Plat of Lardo Townsite); thence South 0°03'30" East 428.00 feet along said Westerly right of way; thence South 89°47'30" West 522.59 feet to the POINT OF BEGINNING. SAVE AND EXCEPT that parcel of land deeded to the City of McCall on Warranty Deed, Instrument No. 306407. Page 3 of 3 Ord. 932 800 Lakeside Avenue Zoning Map Amendment R8 to CC April 9, 2015 A SUMMARY OF ORDINANCE NO.932 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING CERTAIN REAL PROPERTY LOCATED AT 800 LAKESIDE AVENUE IN THE CITY FROM R8- MEDIUM DENSITY RESIDENTIAL TO CC -COMMUNITY COMMERCIAL; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. This ordinance rezones property owned by Sabala Whitetail LLC from R8-Medium Density Residential to CC -Community Commercial 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 3, Section 8, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the Northwest corner of Government Lot 3, Section 8, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho; thence South 0°00'40" West 484.00 feet along the Westerly boundary of said Government Lot 3; thence North 89°47'30" East 25.00 feet along a line parallel to the Northerly boundary of said Government Lot 3 to the Easterly right-of-way of Boydstun Street, the REAL POINT OF BEGINNING: Thence North 89°47'30" East 522.59 feet to the Westerly right-of-way line of Frost Street (shown as Fourth Street on the Official Plat of Lardo Townsite); thence South 0°03'30" East 355.52 feet along said Westerly right-of-way; thence South 89°57'30" West 223.02 feet along a line parallel to the Southerly boundary of said Government Lot 3; thence North 0°00'40" East 13.00 feet; thence South 89°57'30" West 300.00 feet to the Easterly right -of way line of Boydstun Street; thence North 0°00'40" East 22.00 feet along said Easterly right-of-way; thence North 89°47'30" East 200.00 feet; thence North 0°00'40" East 213.00 feet; thence South 89°47'30" West 200.00 feet to said Easterly right of way; thence North 0°00'30" East 106.00 feet along said Easterly right-of-way to the POINT OF BEGINNING. AND A parcel of land situate in Government Lot 3, Section 8, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, State of Idaho, more particularly described as follows: Commencing at the Northeast corner of Government Lot 3, Section 8, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, State of Idaho; thence South 0°00'40" West 484.00 feet along the Westerly boundary of said Government Lot 3; thence North 89°57'30" East 25.00 feet along a line parallel to the Northerly boundary of said Government Lot 3 to the Easterly right of way of Boydstun Street, the REAL POINT OF BEGINNING; thence North 0°00'40' East 127,00 feet along said Easterly right of way; thence North 89°47'30" East 182,00 feet; thence North 0°00'40" East 110.00 feet; thence North 89°47'30" East 103.50 feet; thence North 0°00'40" East 57.00 feet; thence North 89°47'30" East 75.00 feet; thence Page 1 of 2 Ord. 932 Summary 800 Lakeside Avenue Zoning Map Amendment R8 to CC April 9, 2015 North 0°00'40" East 134.00 feet to the Southerly right of way of Lake Side Avenue; Thence North 89°47'30" East 161.57 feet along said Southerly right of way to the Westerly right of way of Frost Street (shown as Fourth Street on the Official Plat of Lardo Townsite); thence South 0°03'30" East 428.00 feet along said Westerly right of way; thence South 89°47'30" West 522.59 feet to the POINT OF BEGINNING. SAVE AND EXCEPT that parcel of land deeded to the City of McCall on Warranty Deed, Instrument No. 306407. 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 1 DAY OF Ar r i ( , 2015. APPROVED: ie J. Ayxon, . yor Page 2 of 2 Ord. 932 Summary 800 Lakeside Avenue Zoning Map Amendment R8 to CC April 9, 2015 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 932 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 9 day of April, 2015. William 1` Nlc o1s likOTAjt). * = aeim 'PUBLIC �.6 tip 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 April 23, 2015 and ended April 23, 2015. C. �.tze_, Subscribed and sworn before me this the 23rd day of April, 2015. STATE OF IDAHO COUNTY OF VALLEY On this 23rd day of April in the year of 2015, 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. �tiogas nes.40 s * Tom rote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/18 A SUMMARY OF ORDINANCE NO.932 PASSED BY THE CITY OF MCCALL, IDAHO AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING CERTAIN REAL PROPERTY LOCATED AT 800 LAKESIDE AVENUE IN THE CITY FROM R8- MEDIUM DENSITY RESIDENTIAL TO CC -COMMUNITY COMMERCIAL; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. This ordinance rezones property owned by Sabala Whitetail LLC from R8-Medium Density Residential to CC -Community Commercial 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 3, Section 8, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho, more particularly described as follows: Com- mencing at the Northwest corner of Government Lot 3, Section 8, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho; thence South 0°00'40" West 484.00 feet along the Westerly boundary of said Government Lot 3; thence North 89°47'30" East 25.00 feet along a line parallel to the Northerly boundary of said Government Lot 3 to the East- erly right-of-way of Boydstun Street, the REAL POINT OF BEGINNING: Thence North 89°47'30" East 522.59 feet to the Westerly right-of-way line of Frost Street (shown as Fourth Street on the Official Plat of Lardo TOWn- site); thence South 0°03'30" East 355.52 feet along said Westerly right-of- way; thence South 89°57'30" West 223.02 feet along a line parallel to the Southerly boundary of said Government Lot 3; thence North 0°00'40" East 13.00 feet; thence South 89°57'30" West 300.00 feet to the Easterly right -of way line of Boydstun Street; thence North 0°00'40" East 22.00 feet along said Easterly right-of-way; thence North 89°47'30" East 200.00 feet; thence North 0°00'40" East 213.00 feet; thence South 89°47'30" West 200.00 feet to said Easterly right of way; thence North 0°00'30" East 106.00 feet along said Easterly right-of-way to the POINT OF BEGINNING. AND A parcel of land situate in Government Lot 3, Section 8, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, State of Idaho, more particularly described as follows: Commencing at the Northeast corner of Government Lot 3, Section 8, Township 18 North, Range 3 East, Boise Me- ridian, City of McCall, Valley County, State of Idaho; thence South 0°00'40" West 484.00 feet along the Westerly boundary of said Government Lot 3; thence North 89°57'30" East 25.00 feet along a line parallel to the Northerly boundary of said Government Lot 3 to the Easterly right of way of Boyd - stun Street, the REAL POINT OF BEGINNING; thence North 0°00'40' East 127,00 feet along said Easterly right of way; thence North 89°47'30" East 182,00 feet; thence North 0°00'40" East 110.00 feet; thence North 89°47'30" East 103.50 feet; thence North 0°00'40" East 57.00 feet; thence North 89°47'30" East 75.00 feet; thence North 0°00'40" East 134.00 feet to the Southerly right of way of Lake Side Avenue; Thence North 89°47'30" East 161.57 feet along said Southerly right of way to the Westerly right of way of Frost Street (shown as Fourth Street on the Official Plat of Lardo Townsite); thence South 0°03'30" East 428.00 feet along said Westerly right of way; thence South 89°47'30" West 522.59 feet to the POINT OF BE- GINNING. SAVE AND EXCEPT that parcel of land deeded to the City of McCall on Warranty Deed, Instrument No. 306407. 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, IDA- HO, THIS 9th DAY OF April, 2015. APPROVED: Jackie J. Aymon, Mayor ATTEST: BessieJo Wagner, City Clerk ltc4/23