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HomeMy Public PortalAboutOrdinance 951 - Zoning Albertsons Parking LotInstrument # 401918 VALLEY COUNTY, CASCADE, IDAHO 10-21-2016 011:611:36 AM No. of Pages:5 Recorded for : CITY OF MCCALL DOUGLAS A. MILLER : 0.00 Ex-04ficio Recorder Index to: ORDINANCES ORDINANCE NO. 951 Instrument # 401730 VALLEY COUNTY, CASCADE, IDAHO 10-14-2016 00:24:36 AM No. of Recorded for : CITY OF DOUGLAS A. MI Ex-Officio 1 AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING CERTAIN REAL PROPERTY LOCATED AT 121 E. PARK STREET IN THE CITY OF MCCALL, FROM R8- MEDIUM DENSITY RESIDENTIAL TO CBD — CENTRAL BUSINESS DISTRICT; 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 August 16, 2016; 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 6, 2016; and WHEREAS, at its September 6, 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 October 6, 2016 to consider the proposed zoning map amendment request for the real property described in Exhibit A 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 R8-Medium Density Residential to CBD — Central Business District. Section 2: The zoning classification for the property described in Section 1 above is hereby established as CBD — Central Business District zoning district 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 1 above in the CBD — Central Business District zoning district. Ordinance 951 Zoning Albertsons Parking Lot October 6, 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 6 DAY OF OCTOBER, 2016 ATTEST: o toottiimeigiot s_, of .Mcc ••�'�. i a o; BessieJo W.:ner, City ;% erk STATE OF IDAHO, ) : ss: County of Valley. ) CITY OF McCALL On this /3 day of Q A,..t , 2016, 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. .,•••,,,,,,,, ♦♦a•`� Ni TANCt'••. ♦Lc? �0ARY�'-6 Not Public for Idaho • •4 7. I 4.61 Commission Expires: 2— -)-c, 7 G �TqT ••O ..pP • E Page 2 of Ordinance 951 Zoning Albertsons Parking Lot October 6, 2016 Exhibit A September 16, 2016 Project No. 116085 iAO AZ!, wit, /lip THE LAND GROUP, INC. Albertsons McCall REZONE from R8 to CB Page 1 of 2 A parcel of land being a portion of the 8.00 foot wide alley of the Williams -Mayfield Addition to the Village of McCall, AND Parcel 10, per Grant Deed Inst.#360391, Valley County records, situated in a portion of Government Lot 4 of Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho, more particularly described as follows: COMMENCING at the northeast corner of the Williams -Mayfield Addition to the Village of McCall, as shown on the official plat thereof in Book 1, Page 21 of plats, Valley County records; thence South 00°16'27" West, 23.02 feet, to a point on the southerly Right -of -Way line of East Lake Street, thence on said Right -of -Way line, South 87°55'51" West, 206.91 feet, to the northeasterly corner of Lot 16 of said Williams -Mayfield Addition; thence leaving said Right -of -Way line, South 00°24'23" West, 135.85 feet, on the easterly line of said Lot 16, to a point on the northerly line of aforementioned alley, also being the southeasterly corner of said Lot 16, and the POINT OF BEGINNING; Thence leaving said northerly line, South 00°24'23" West, 8.00 feet, to the southeasterly corner of said alley; Thence North 89°40'58" East, 7.21 feet, to the easterly parcel line of aforementioned Parcel 10; Thence on said easterly parcel line, South 00°18'04" West, 277.31 feet, to the southeast corner of said Parcel 10; Thence on the south line of said Parcel 10, North 89°52'31" West, 174.96 feet, to the southwest corner of said Parcel 10; Thence on the west line of said Parcel 10, North 00°17'22" East, 275.96 feet, to a point on the southerly line of aforementioned alley; Thence on said southerly line, North 89°40'58" East, 92.55 feet; Thence leaving said southerly line, North 00°24'23" East, 8.00 feet, to the northerly line of said alley; Thence on said northerly line, North 89°40'58: East, 75.26 feet to the POINT OF BEGINNING. Site Planning • Landscape Architecture •Civil Engineering •Golf Course Irrigation & Engineering • Graphic Communication •Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.com ram% r/Op ,42 THE LAND GROUP, INC. Page 2 of 2 The above described parcel of land contains 1.125 acres, more or less, subject to all existing easements and rights -of -way of record. Attached hereto is Map Exhibit "B" and by this reference is made a part hereof. PREPARED BY: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445(fax) Michael S. Femenia 09/16/2016 Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Communication • Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgrouainc.com  R/W I I N87�55'51 "E 1300.35' R/W 14 RAN* N R/W R/W EAST LAKE STREET (HWY.55) " I I 15 \I I 1 75.01' I 1 N89�40'58"E 75.26' 75.33' w co 0 16 co I _��L3 L1 N89�40'58"E 92.55' OFe0,x,c 060 0 Line Table LINE BEARING LENGTH L1 S00�24'23"W 8.00' L2 N89�40'58"E 7.21' L3 N00�24'23"EA 8.00' 09/16/2016 N89�52'31 "W 174.96' EAST PARK STREET I POB R/W R/W --0 n/ vv NE COR. WILLIAMS-MAYFIELD / ADDITION S87�55'51 "W 206.91' 18 A OFe0446 S00�16'27"W 23.02'---"" 19 4 PARCEL 6 DEED#360394 VACATED ALLEY FIER ORDINANCE#2 4 _ _/ 20 s L_ E*TING'AL ERTSON STOR / ' f3y 1 ��L4ke,Streets i v10 Eo O I 0 Cr) Rezone from R8 to CB HORIZONTAL SCALE: 1" = 60' i N87�f. ;��FF'09q�� ,F ��+360��: 3 f` i" ,fl O`c'��q,9 C FV(4:: y As / o /vA ,//��0 / i" r i / / i PARCEL A 3.81 Acres N89�52'31 "W 430.46' 60' A OFF09q��j`9 ,09 120' I 16\ OrAgno" -rd THE LAND GROUP ' PrirAt INCORPORATED 462 East Shore Drive, Suite 100 Eagle, Idaho 83616 . Phone 208.939.4041- Fax 208.939.4445 PCs drc.r.n/.btn ua..lan ron.ped Mein car roi Ca roped or rapcdro.a.rnv .����������na.iro .a ocnu.d w rowrot e. Sheet Title: McCall Rezone from R8 to CB Albertsons, LLC Exhibit "B" Idaho Project No.: 116085 Date of Issuance: 0916,2016 Designed by NSF Checked by: STAFF Sheet No. 1 A SUMMARY OF ORDINANCE NO.951 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING CERTAIN REAL PROPERTY LOCATED AT 121 E. PARK STREET IN THE CITY OF MCCALL, FROM R8- MEDIUM DENSITY RESIDENTIAL TO CBD — CENTRAL BUSINESS DISTRICT; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. This ordinance rezones property owned by Albertsons LLC from R8-Medium Density Residential to CBD-Central Business District according to Title 3, Chapter 3, McCall City Code. The purpose of the ordinance is to zone the entirety of the now existing Albertsons parcels as a single zone, Central Business District. 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 6 DAY OF OCTOBER, 2016. ,`,,L1111{It1ttr,,,,' o`� of Mc CA L 1,. 0�...»...• 1 ` * r S EAL o= ATTEST: %',',. .� •for n �.� i ••b.......• '•9L T , ID <.. gner, Cit lerk Ordinance 951 Summary 121 E. Park St. — Rezone R8 to CBD October 6, 2016 APPROVED: Exhibit A September 16, 2016 Project No. 116085 THE LAND GROUP, INC. Albertsons McCall REZONE from R8 to CB Page 1 of 2 A parcel of land being a portion of the 8.00 foot wide alley of the Williams -Mayfield Addition to the Village of McCall, AND Parcel 10, per Grant Deed Inst.#360391, Valley County records, situated in a portion of Government Lot 4 of Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho, more particularly described as follows: COMMENCING at the northeast corner of the Williams -Mayfield Addition to the Village of McCall, as shown on the official plat thereof in Book 1, Page 21 of plats, Valley County records; thence South 00°16'27" West, 23.02 feet, to a point on the southerly Right -of -Way line of East Lake Street, thence on said Right -of -Way line, South 87°55'51" West, 206.91 feet, to the northeasterly corner of Lot 16 of said Williams -Mayfield Addition; thence leaving said Right -of -Way line, South 00°24'23" West, 135.85 feet, on the easterly line of said Lot 16, to a point on the northerly line of aforementioned alley, also being the southeasterly corner of said Lot 16, and the POINT OF BEGINNING; Thence leaving said northerly line, South 00°24'23" West, 8.00 feet, to the southeasterly corner of said alley; Thence North 89°40'58" East, 7.21 feet, to the easterly parcel line of aforementioned Parcel 10; Thence on said easterly parcel line, South 00°18'04" West, 277.31 feet, to the southeast corner of said Parcel 10; Thence on the south line of said Parcel 10, North 89°52'31" West, 174.96 feet, to the southwest corner of said Parcel 10; Thence on the west line of said Parcel 10, North 00°17'22" East, 275.96 feet, to a point on the southerly line of aforementioned alley; Thence on said southerly line, North 89°40'58" East, 92.55 feet; Thence leaving said southerly line, North 00°24'23" East, 8.00 feet, to the northerly line of said alley; Thence on said northerly line, North 89°40'58: East, 75.26 feet to the POINT OF BEGINNING. Site Planning • Landscape Architecture •Civil Engineering •Golf Course Irrigation & Engineering •Graphic Communication •Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.com Page 2 of 2 THE LAND GROUP, INC. The above described parcel of land contains 1.125 acres, more or less, subject to all existing easements and rights -of -way of record. Attached hereto is Map Exhibit "B" and by this reference is made a part hereof. PREPARED BY: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445(fax) Michael S. Femenia 09/16/2016 Site Planning • Landscape Architecture •Civil Engineering •Golf Course Irrigation & Engineering • Graphic Communication •Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.com acatlan 116085.dwp - R/W I I i N87°55'51 "E 1300.35' R/W 14 R/W`I. N R/W MAI EAST LAKE STREET (HWY.55) 75.01' N89°40'58"E 92.55' I 15 OF b4�CF 36039 2 I I N89°40'58"E 75.26' L3 L1 A C OF6O *<<7 7 Line Table LINE BEARING LENGTH L1 800°24'23"W 8.00' L2 N89°40'58"E 7.21' L3 N00°24'23"EA 8.00' I I L109/16/2016 _ N89°52'31 "W 174.96' _ EAST PARK STREET 10 HORIZONTAL SCALE: 1" = 60' Rezone from R8 to CB R/W NE COR. WILLIAMS-MAYFIELD ADDITION 17 ,�1 OG POB S87°55'51"W 206.91' J- R/W —0 S00°1627"W 23.02'J� 19 PARCEL 6 DEED #360394 VACATED ALLEY FIER ORDINANCE#2 / ,/ / EXISTIN,O'ALt RTSONS /TORy f 4 A 00e093ov 00,99 132 i. Oie/Street / , / 1 / / / / PARCEL A 3.81 Acres N89°52'31 "W 430.46' 0 60' 20 , I 120' / Nialk / IN THE LAND GROUP CORPORATED 462 East Shore Drive, Suite 100 Eagle, Idaho 83616 Phone 208.939.4041- Fax 208.939.4445 Pis ar„ro otortrortran o.aned Ite.n tray not tre cop. or repro.. without �5��°,a��war.�proli"tertamww"Star Sheet Title: Rezone from R8 to CB Albertsons, LLC Exhibit "B" McCall Idaho Project No.. 116085 Date of Issuance: 09162016 Designed by: AtSF Checked by: STAR Sheet No.: 1 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 951 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 6 day of October, 2016. William F. ichols