HomeMy Public PortalAboutOrd. 647 - Re-Zone North of Deinhard and East of HWY 55ORDINANCE NO. 647
AN ORDINANCE OF THE CITY OF McCALL, IDAHO
RELATED TO ZONING; REZONING THE REAL
PROPERTY DESCRIBED HEREIN TO BE WITHIN ZONE C,
COMMERCIAL; AMENDING THE ZONING MAP OF THE
CITY OF McCALL; AND, DIRECTING THE CITY CLERK
TO ENDORSE SUCH CHANGE ON SUCH ZONING MAP.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO,
AS FOLLOWS:
Section 1: ZONING ACTION: The real property described on Exhibit "A" is rezoned
from its current zoning classification, which is A, Low -Density Residential, to C, Commercial.
Section 2: ZONING MAP: The zoning map of the City of McCall is hereby amended to
reflect the above -described zoning classification change, and the City Clerk is instructed to endorse
the zoning map accordingly and with the number and effective date of this Ordinance.
Section 3: EFFECTIVE DALE: This Ordinance shall be in full force and effect from and
after its passage, approval and publication as rerpyi red by law, and execution of a Development
Agreement, failing execution and performance of which this ordinance shall become void, and the
zoning revert to A; such Agreement shall provide for:
(A) a buffer area of not less than fifty foot width along the northern boundary of the tract
rezoned, maintained in natural vegetation but for a possible foot path and water line
alignment.
(B) Provision of safe access to Highway 55 as shown on the plans submitted to Council.
(C) Provision of necessary easements for water supply to and beyond the tract.
(D) Use of natural materials on the exterior of the buildings.
(E) Provision of a bicycle path functionally parallel to the Deinhard Lane alignment.
Passed and approved August 12, 1993.
Laurence A. Smith, Jr.
Mayor
A"1'1'E T:
Arthur J. Scmidt
City Clerk
Ordinance 647, August 12, 1993
page 1 of 2
A parcel of land in the SW 1/4 of the NE 1/4, Section 16, T. 18 N., R. 3 E., B.M., City of
McCall, Valley County, Idaho, more particularly described as follows:
Commencing at the Center 1/4 corner of such Section 16; thence, N. 0° 39' 07" E., 30.00 feet
along the westerly boundary of the SW 1/4 of the NE 1/4 of said Section 16 to the northerly
right-of-way of Deinhard Lane; thence, S. 89° 48' 50" E., 61.00 feet along said right-of-way to
the easterly right-of-way of Eisman Street, the REAL POINT OF BEGINNING:
Thence, N. 0° 39' 07" E., 700.00 feet along said easterly right-of-way,
thence, S. 89° 48' 50" E., 941.79 feet,
thence, S. 0° 32' 19" W., 6.45 feet,
thence, S. 89° 48' 58" E., 330.00 feet to the easterly boundary of said SW 1/4 of the NE 1/4,
thence, S. 0° 32' 19" W., 693.56 feet along said easterly boundary to said northerly right-of-way
of Deinhard Lane,
thence, N. 89° 48' 50" W., 1273.18 feet to the Point of Beginning,
containing 20.40 acres, more or less.
Bearing based on State Plane Grid Azimuth.
Ordinance 628, June 24, 1993 page 2 of 2
Exhibit "A"
STATE OF IDAHO )
COUNTY OF VALLEY)
CERTIFICATE OF RECORDING OFFICER
ss
I, the undersigned, the duly appointed, qualified, City Clerk of
McCall City, Idaho, do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho
Code, I keep a correct journal of the proceedings of the Council of
McCall City, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. ep947 is a true and correct
copy of an ordinance p ssed at a regular meeting of the Council of
McCall City held on , 19 , and duly recorded in my
office; and
3. That said regular meeting was duly convened and held in all
respects in accordance with law and to the extent required by law, due
and proper notice of such meeting having been given; that a legal
quorum was present throughout the meeting and that a legally
sufficient number of members of the Council of McCall City voted in
the proper manner and for the passage of said ordinance; and that all
other requirements and proceedings incident to the proper adoption and
passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand an affixed the
offi al seal of the City of McCall, Idaho, this r ��...---day of
, 19 92';
A thur J. Sc.idt, City Clerk
(Seal of the City)
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Ramona A. George, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF PUBLIC HEARING, a copy of which is enclosed hereto and is a
part hereof, was published in said newspaper once a week for one consecutive
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 August 19, 1993 and
ended August 19, 1993.
u:scribed and sworn before m
STATE OF IDAHO
COUNTY OF VALLEY
h day of August, 1993.
On this 19th day of August, in the year of 1993, before me, a Notary
Public, personally appeared Ramona A. George, 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 acknowl-
edged to me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1999
•
ORDINANCE NO.647
AN ORDINANCE OF THE CITY OF
McCALL, IDAHO RELATED TO ZONING;
REZONING THE REAL PROPERTY DE-
SCRIBED HEREIN TO BE WITHIN ZONE
C, COMMERCIAL; AMENDING THE ZON-
ING MAP OF THE CITY OFMcCALL; AND,
DIRECTING THE CITY CLERK TO EN-
DORSE SUCH CHANGE ON SUCH
ZONING MAP.
BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OFMcCALL,
IDAHO, AS FOLLOWS:
Section 1: ZONING ACTION: The real
From
described on Exhibit "A" is rezoned
from its current zoning classification, which is
A, Low -Density Residential, to C, Commer-
cial.
Section 2: ZONING MAP: The zoning
map of the City of McCall is hereby amended
to reflect the above -described zoning classifi-
cation change, and the City Clerk is instructed
to endorse the zoning map accordingly and
with the number and effective date. of this
Ordinance.
Section 3: EFFECTIVE DATE: This
Ordinance shall be in full force and effect from
and after its passage, approval and publication
as required by law, and execution of a Develop-
ment Agreement, failing execution and
performance of which this ordinance shall be-
come void, and the zoning revert ,to A; such
Agreement shall provide for:
(A) a buffer area of not less than fifty
foot width along the northern boundary of the
tract rezoned, maintained in natural vegetation
but for a possible foot path and water line
alignment.
(B) Provision of safe access to High-
way 55 as shown on the plans submitted to
Council.
(C) Provision of necessary easements
i for water supply to and beyond the tract.
I (D) Use of natural materials on the ex-
terior of the buildings.
(E) Provision of a bicycle path func-
, tionally parallel to the Deinhard Lane alignment.
Passed and approved August 12, 1993.
Laurence A. Smith, Jr., Mayor
ATTEST: Arthur J. Schmidt, City Clerk
A -parcel of land in the SW 1/4 of the NE
' 1/4, Section 16, T. 18 N., R. 3 E., B.M., City of
' McCall, Valley County, Idaho, more particu-
i -larly described as follows: _ _ —
Commencing at the Center 1/4 comer of
such Section 16; thence, N. 0° 39' 07" E., 30.00
feet along the westerly boundary of the SW 1/
4 of the NE 1/4 of said Section 16 to the
northerly right of way of Deinhard Lane;
thence, S. 89° 48' 50" E., 61.00 feet along said
right of way to the easterly right- of- way
of Eisman Street, the REAL POINT OF BE-
GINNING:
Thence, N. 0° 39' 07" E., 700.00 feet along
said easterly right -of- way,
thence, S. 89° 48' 50" E., 941.79 feet,
thence, S. 0° 32' 19" W., 6.45 feet,
thence, S. 89° 48' 58" E., 330.00 feet to the
easterly boundary of said SW 1/4 of the NE 1/
4,
thence, S. 0° 32' 19" W., 693.56 feet along
said easterly boundary to said northerly
right of way of Deinhard Lane,
thence, N. 89° 48' 50" W.,1273.18 feet to
the Point of Beginning,
containing 20.40 acres, more or less.
Bearing based on State Plane Grid Azi-
muth.
j CERTIFICATE OF RECORDING
OFFICER
STATE OF IDAHO ss COUNTY OF
VALLEY
• I, the undersigned, the duly appointed, quali-
fied, City Clerk of McCall City, Idaho, do
hereby certify the following:
1. That pursuant to the provisions of Sec-
tion 50-207, Idaho Code, I keep a correct joumal
' of the proceedings of the Council of McCall
City, Idaho, and that I am the statutory custo-
dian of all laws, ordinances and resolutions of
said City.
2. That the attached Ordinance No. 647 is
a retie and correct copy of an ordinance passed
at a regular meeting of the Council of McCall
City held on August 12, 1993, and duly re-
corded in my office; and
3. That said regular meeting was duly
convened and held in all respects in accordance
with law and to the extent required by law, due
and proper notice of such meeting having been
given; that a legal quorum was present through-
out the meeting and that a legally sufficient
number of members of the Council of McCall
City voted in the proper manner and for the
passage of said ordinance; and that all other
requirements and proceedings incident to the
proper adoption and passage of said ordinance
have been duly fulfilled, carried out and ob-
served; and that lam authorized to execute this
certificate.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed the official seal of the
City of McCall, Idaho, this 1 of August,
1993.
i ArthurJ. Schmidt, City _. , lt8/19