HomeMy Public PortalAboutOrdinance 941 - Zoning Amendment - ZON-15-02 Shore Lodge Whitetail and AlscottInstrument # 397881
VALLEY COUNTY, CASCADE, IDAHO
4-2S-201S 10:11:41 AM No. of Pages: 4
Recorded for : CITY OF MCCALL
DOUGLAS A. MILLER Fee: 0.00
Ex-Officio Recorder
Index to: ORDINANCES
ORDINANCE NO.941
Instrument # 397694
VALLEY COUNTY, CASCADE, IDAHO
4-18-201$ 10:3E:36 AM No. of
Recorded for : CITY OF
DOUGLAS A.
Ex-Officio
1
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING
CERTAIN REAL PROPERTY LOCATED AT 1101 WARREN WAGON ROAD, AND THE
ADJACENT PARCEL, BOTH IN THE CITY OF MCCALL, FROM R4-LOW DENSITY
RESIDENTIAL AND 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
December 22, 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
February 2, 2016; and
WHEREAS, at its March 1, 2016, 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 14 2016 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 real property described in Exhibit A is hereby rezoned from R4-Low
Density Residential and R8-Medium Density Residential to CC -Community Commercial.
Section 2: 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 2
Ordinance No. 941 Zoning Amendment
April 14, 2016
Section 3: 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 14 DAY OF APRIL, 2016
CITY OF McCALL
ATTEST:
BessieJo W '_ner, City er
STATE OF IDAHO, )
. ss:
County of Valley. )
On this i5* day of &vir--.\ , 2016, before me, a Notary Public,
appeared JACKIE J. AYMON and BESIEJO 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.
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Page 2 of 2
Ordinance No. 941 Zoning Amendment
April 14, 2016
SKIFTUN LAND SURVEYING, INC.
LOTS -BOUNDARY- TOPOGRAPHY -ALTA
SUBDIVISIONS - CONSTRUCTION - FLOOD DATA
Working hard to protect your property investment!
April 6, 2016
n of WARREN WAGON ROAD — PARCEL D
REZONE PARCEL
Government Lot 2, Sec. 8, T. 18 N., R. 3 E., B.M.
City of McCall, Valley County, Idaho
43,569.8 SQ. FT. - 1.002 Acres
Page 1 of 2
A parcel of land situate in Government Lot 2, Section 8, T. 18 N., R. 3 E., B.M., City of McCall, Valley
County, Idaho, being Parcel RP M0000008 3733, that portion of Parcel RP M0000008 3719 lying north of the
northerly boundary of Lot 1, Shellworth Park Subdivision, on file in Book 1, on Page 37 of Plats, and a portion
of Parcel D, as shown on that particular Record of Survey, recorded as Instrument No. 354587, in Book 11, on
Page 102, in the Office of the Recorder of Valley County, Idaho, more particularly described as follows:
Commencing at a 2" aluminum cap on a 5/8" rebar, marking the North 1/16 corner common to Sections 7 and 8,
also being the Northwest Corner of Government Lot 2, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown
on that particular Record of Survey, recorded as Instrument No 263168, in Book 7 on Page 103 of Surveys, in
the Office of the Recorder of Valley County, Idaho; thence, S. 89°59'20" E., 1,101.49 feet along the northerly
boundary of said Government Lot 2 to a point; thence, S. 0° 12' 12" E., 357.33 feet to a 5/8" rebar marking the
North corner common to Parcels B and C, as shown on that particular Record of Survey, recorded as Instrument
No 354587, in Book 11 on Page 102 of Surveys, in the Office of the Recorder of Valley County, Idaho; thence,
continuing S. 0° 12' 12" E., 190.61 feet to a 5/8" rebar marking the South corner common to said Parcels B and
C, the REAL POINT OF BEGINNING:
Thence, S. 89°58'49" E., 130.61 feet to a 1/2" rebar,
Thence, continuing S. 89°58'49" E., 83.49 feet to a 5/8" rebar,
Thence, continuing S. 89°58'49"E., 8.60 feet to the ordinary high water mark of Payette Lake, on the
face of rock retaining wall,
Thence, along said ordinary high water mark and wall face the following courses:
S. 47°30'35" E., 9.73 feet, S. 52°01'36" E., 9.48 feet, S. 29°36'49" E., 5.92 feet, S. 12°15'18" E.,
6.35 feet, S. 24°18'00" E., 6.86 feet, S.44°09'09" E., 9.29 feet, S. 15°13'37" E., 12.24 feet, S.
24°25'09" E., 6.50 feet, S. 15°53'13" E., 10.32 feet, S. 03°52'57" W., 8.82 feet, S. 27°33'35" E.,
8.99 feet, S. 34°59'54" E., 8.43 feet, to the northerly boundary of the parcel described in City of
McCall Ordinance No. 503 as Zone C, Commercial District,
Thence, leaving said ordinary high water mark, S. 89°59'28" W., 125.71 feet, along said zone boundary,
Rod M. Skiftun — P.L.S. 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftun@frontiernet.net frontiernet.net
1100 Warren Wagon Rd. and Parcel D REZONE PARCEL, cont'd. Page 2 of 2
Thence, S. 45°00'00" W., 16.97 feet along said existing commercial zone boundary,
Thence, S. 89°59'28" W., 287.66 feet along said existing commercial zone boundary to the easterly right-
of-way of Warren Wagon Road,
Thence, 136.43 feet along said easterly right-of-way on a non -tangent curve to the left, whose radius is
1,930.00 feet, delta angle is 4°03'01", and whose long chord bears N. 17°18'57" W., 136.40 feet
to a 5/8" rebar marking the Northwest Corner of Parcel D, as shown on that particular Record of
Survey, recorded as Instrument No. 354587, in Book 11, on Page 102, in the Office of the
Recorder of Valley County, Idaho,
Thence, S. 89°58'49" E., 97.82 feet to a ''V2" rebar,
Thence, S. 0°12'12" E., 30.01 feet to a 5/8" rebar,
Thence, S. 89°58'49" E., 100.00 feet, to the Point of Beginning, containing 43,659.8 Sq. Ft., 1.002
Acres, more or less.
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone.
Rod M. Skiftun — P.L.S. 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftunna frontiernet.net
A SUMMARY OF ORDINANCE NO.941
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING
CERTAIN REAL PROPERTY LOCATED AT 1101 WARREN WAGON ROAD, AND THE
ADJACENT PARCEL, BOTH IN THE CITY OF MCCALL, FROM R4-LOW DENSITY
RESIDENTIAL AND R8- MEDIUM DENSITY RESIDENTIAL TO CC -COMMUNITY
COMMERCIAL; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN
EFFECTIVE DATE.
This ordinance rezones property owned by Shore Lodge Whitetail LLC and Alscott Real Estate
LLC from R4-Low Density Residential and R8-Medium Density Residential to CC -Community
Commercial according to Title 3, Chapter 3, McCall City Code. The purpose of the ordinance is
to zone the entirety of both parcels as a single zone, Community Commercial, which will
recognize the historical understanding of the zoning of the property, and will clean up the zoning
boundary line. The property is described at Exhibit A attached hereto,
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 14 DAY OF
APRIL, 2016.
ATTEST:
BessieJo W
, City Cl
k
APPROVED:
Jack' J. Aym
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 941
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 14 day of April, 2016.
William F. Nichols
Publisher's Affidavit of Publication
STATE OF IDAHO
County of Valley
}.SS
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 may 5, 2016 and ended May 5, 2016.
Subscribed a41d sworn before me this the 5th day of May, 2016.
STATE OF IDAHO
COUNTY OF VALLEY
On this 5th day of May in the year of 2016, 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.941
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING CER-
TAIN REAL PROPERTY LOCATED AT 1101 WARREN WAGON ROAD, AND THE ADJACENT
PARCEL, BOTH IN THE CITY OF MCCALL, FROM R4-LOW DENSITY RESIDENTIAL AND R8-
MEDIUM DENSITY RESIDENTIAL TO CC -COMMUNITY COMMERCIAL; PROVIDING FOR
RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE.
This ordinance rezones property owned by Shore Lodge Whitetail LLC and Alscott Real Estate
LLC from R4-Low Density Residential and R8-Medium Density Residential to CC -Community Com-
mercial according to Title 3, Chapter 3, McCall City Code. The purpose of the ordinance is to zone the
entirety of both parcels as a single zone, Community Commercial, which will recognize the historical
understanding of the zoning of the property, and will clean up the zoning boundary line. The property is
described at Exhibit A attached hereto, 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 14 DAY OF APRIL,
2016.
APPROVED: Jackie J. Aymon, Mayor
ATTEST: BessieJo Wagner, City Clerk
EXHIBIT A
WAGON ROAD — PARCEL D REZONE PARCEL
Government Lot 2, Sec. 8, T. 18 N., R. 3 E., B.M. City of McCall, Valley County, Idaho 43,569.8 SQ.
FT. - 1.002 Acres. A parcel of land situate in Government Lot 2, Section 8, T. 18 N., R. 3 E., B.M., City
of McCall, Valley County, Idaho, being Parcel RP M0000008 3733, that portion of Parcel RP M0000008
3719 lying north of the northerly boundary of Lot 1, Shellworth Park Subdivision, on file in Book 1, on
Page 37 of Plats, and a portion of Parcel D, as shown on that particular Record of Survey, recorded as
Instrument No. 354587, in Book 11, on Page 102, in the Office of the Recorder of Valley County, Idaho,
more particularly described as follows: Commencing at a 2" aluminum cap on a 5/8" rebar, marking the
North 1/16 corner common to Sections 7 and 8, also being the Northwest Corner of Government Lot 2,
T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded as
Instrument No 263168, in Book 7 on Page 103 of Surveys, in the Office of the Recorder of Valley County,
Idaho; thence, S. 89°59'20" E., 1,101.49 feet along the northerly boundary of said Government Lot 2 to
a point; thence, S. 0° 12' 12" E., 357.33 feet to a 5/8" rebar marking the North corner common to Parcels
B and C, as shown on that particular Record of Survey, recorded as Instrument No 354587, in Book 11
on Page 102 of Surveys, in the Office of the Recorder of Valley County, Idaho; thence, continuing S.
0°12'12" E., 190.61 feet to a 5/8" rebar marking the South corner common to said Parcels B and C, the
REAL POINT OF BEGINNING: Thence, S. 89°58'49" E., 130.61 feet to a 1/2" rebar, Thence, continu-
ing S. 89°58'49" E., 83.49 feet to a 5/8" rebar, Thence, continuing S. 89°58'49"E., 8.60 feet to the ordi-
nary high water mark of Payette Lake, on the face of rock retaining wall, Thence, along said ordinary high
water mark and wall face the following courses: S. 47°30'35" E., 9.73 feet, S. 52°01'36" E., 9.48 feet,
S. 29°36'49" E., 5.92 feet, S. 12°15'18" E., 6.35 feet, S. 24°18'00" E., 6.86 feet, S.44°09'09" E., 9.29
feet, S. 15°13'37" E., 12.24 feet, S. 24°25'09" E., 6.50 feet, S. 15°53' 13" E., 10.32 feet, S.03°52'57" W.,
8.82 feet, S. 27°33'35" E., 8.99 feet, S. 34°59'54" E., 8.43 feet, to the northerly boundary of the parcel
described in City of McCall Ordinance No. 503 as Zone C, Commercial District, Thence, leaving said
ordinary high water mark, S. 89°59'28" W., 125.71 feet, along said zone boundary, Thence, S. 45°00'00"
W., 16.97 feet along said existing commercial zone boundary, Thence, S. 89°59'28" W., 287.66 feet along
said existing commercial zone boundary to the easterly right-of-way of Warren Wagon Road, Thence,
136.43 feet along said easterly right-of-way on a non -tangent curve to the left, whose radius is 1,930.00
feet, delta angle is 4°03'01", and whose long chord bears N. 17°18'57" W., 136.40 feet to a 5/8" rebar
marking the Northwest Corner of Parcel D, as shown on that particular Record of Survey, recorded as
Instrument No. 354587, in Book 11, on Page 102, in the Office of the Recorder of Valley County, Idaho,
Thence, S. 89°58'49" E., 97.82 feet to a 1/2" rebar, Thence, S. 0°12'12" E., 30.01 feet to a 5/8" rebar,
Thence, S. 89°58'49" E., 100.00 feet, to the Point of Beginning, containing 43,659.8 Sq. Ft., 1.002 Acres,
more or less. Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone. 1 tc5/5