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:
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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