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Home My Public Portal AboutOrd. 685 - Rezoning-Within Zone BORDINANCE NO.685 AN ORDINANCE OF THE CITY OF McCALL, IDAHO RELATED TO ZONING; REZONING THE REAL PROPERTY DESCRIBED HEREIN TO BE WITHIN ZONE B, MEDIUM DENSITY RESIDENTIAL; AMENDING THE ZONING MAP OF THE CITY OF McCALL; AND, DIRECTING THE CITY 4 1-7.012A/ 1 TO ENDORSE SUCH CHANGE ON SUCH ZONING MAP. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, PURSUANT TO MCC 3, AND ACTING IN A QUASI-JUDICIAL CAPACITY, AS FOLLOWS: Section 1: ZONING A(:1'ION: The McCall City Planning and Zoning Commission having after public hearing made its favorable recommendation, and the Council having held a public hearing as well, and having decided to grant the petition for zoning map amendment, the real property described below is rezoned from its current zoning classification, which is A, Low Density Residential, to B, Medium Density Residential: Blocks 22, 23 and 24 McCall's First Addition to the Townsite of McCall, excluding however a tract described as: beginning at the Southeast corner of such Block 23, and running West along the south line of such Block 23 and also along the Fast - West Quarter line of Section 9, T. 18 N., R. 3 E., B. M. a distance of 120 feet; thence North a distance of 60 feet along a line parallel to the East line of such Block 23; thence East 120 feet along a line parallel to the South line of such Block 23; thence South a distance of 60 feet to the Place of Beginning; located north and west of such exclusion, in the City of McCall, Idaho. Section 2: ZONING MAP: The zoning map of the City of McCall Planning Jurisdiction is hereby amended to reflect the above -described zoning classification change, and the City Attorney 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. Passed and approved July 29, 1995. Dean A. Martens, Mayor 'JariiegFlenderson, Cit r Clerk' ORDINANCE NO.685, July 29, 1995 1 page 1 of 1 By the City Attorney pursuant to decision of Council upon recommendation of the Planning & Zoning Commission City of McCall Certificate of Recording Officer State of Idaho ) County of Valley ) I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, 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 the City of McCa11, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 685 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on July 29, 1995, 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 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 and affixed the official seal of the City of McCall, Idaho this 15th day of August 1995. James H. Henderson, City Clerk Publisher's Affidavit of Publication STATE OF IDAHO .ss County of Valley I, Ramona A. French, 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 ORDINANCES 684 & 685, 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 st 17, 1995 and ended Aug st 17, 1995. Subscribed and sworn be STATE OF IDAHO COUNTY OF VALLEY1. th day of August, 1995. On this 17th day of August, in the year of 1995, before me, a Notary Public, personally appeared Ramona A. French, 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. 684 • AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE VACATION OF PORTIONS OF LENORA STREET, OF,DAW SON STREET, AND OF FIR STREET; AND THE ALLEYWAY WITHIN BLOCK 22, ALL IN McCALL'S FIRST ADDITION; •AND ACCEPTING A DEED CONVEYING LANDS TO THE CITY FOR RIGHT OF WAY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINEDBY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. The Council finds as recommended by thePlanning &Zoning Commission that there will not be a transportation need for the streets identified in this Ordinance as to be vacated, once the City has the right -of way for the Pine-Wooley Connector and Davis Street approaches as shown on the drawing, Exhibit A, drawn by Kerr Surveying attached hereto as an exhibit, which will provide superior transportation to the area as compared with the streets to be vacated. • Section 2. Those portions ofLenora Street, Dawson Street, Fir Street, and the alleyway in Block 22, McCall's First Addition, indicated in . yellow high -lighting on the attached drawing, Exhibit A, drawn by Kerr Surveying; and described on the legal description on the attached text exhibit, Exhibit are vacated effective upon delivery by the City of the deed described in Section 3., Sedtion 3. The City Anorney shall prepare, and the Mayer and the Clerk are authorized to sign, a deed to the effect stated above, lo'evidence this vacation, quitclaiming ,such land to the Trustees of the Rogers Family Trust as owners of adjacent property, and shall place such deed in escrow withMountain Title & Escrow, to beheld and delivered as provided in Section 4. , _ . • - Section 4. Mountain Title shalldeliver such deed on behalf of the City. when Mountain Title can simultaneously, make delivery of the deed tothe City to thePme"-Wooley Connector Within Blocks 22 and 23, and Davis Street approaches within Block 23, as drawn on the drawing, Exhibit A; excluding the right-of-way within the 0.114 acic parcel at the Southeast corner of Block.23. ' • Section,5. Upon demand of. the City Manager,•if in his view the purpose of this .Ordinance cannot be met, Mountain Title shall return the deed to the City for cancellation, rather than delivery, and this Ordinance shall then be void. - "' ••. • Section 6. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law; provided that pubicatiort maybe Withheld until Mountain Title states that delivery of the deeds can be made upon•publication: " • ...Passed and approved July 29, 1995:. • ' DeanMartens Mayor ,• • James H. Henderson, City Clerk EXHIBIT A , P• • h n b• o 5-- leis a a/0_100 -7--' �d DELTA _ SETT 27 - t . _'ss`5. A 23 UAW C LTA _ rr aT CO' LN_792T 00 _ 7100 s7E• 50 47E a•f'u :E3w9 HA sa•cw van EXHIBIT B STREET VACATION in McCALL'S 1ST ADDITION TO McCALL TOWNSITE • The vacation of the 16.0 foot wide alley in Block 22 and certain portions of Dawson Street, Fir Street and Lenora Street, all being a portion of McCall's 1st Addition to McCall Townsite situate in Section 9, T. 18 N., R. 3 E., B.M., and as shown on the Official Plat, thereof, on file in Book 1, Page 28 of Plats in the Office of the Recorder of Valley County, Idaho, more particularly described as follows: All of the 16.0 foot wide alley in Block 22, McCall's 1st Addition to McCall Townsite AND the following described portions of Dawson Street, Fir Street and Lenora Street: Commencing at the northeast comer of Block 21 of said McCall's 1st addition, the REAL POINT OF BEGINNING: Thence, S. 81° 25' E., 80.00 feet to the northwest corner of Block 24, thence, S. 8° 35' W., 341.29 feet to the southwest comer of Block 24, thence, N. 61° 43' 30" E., 229.12 feet along the southerly boundary of said Block 24, thence, S.0° 10' 51" W., 68.25 feet to the northerly boundary of Block 23, thence, S. 61° 43' 30" W., 360.03 feet alongthe northerly boundary of Block 23, thence, 145.33 feet along a non -tangent curve to the left whose long chord bears S. 86° 13' 57" W., 144.65 feet and whose radius is 435.00 feet and delta angle is 19° 08' 29", to the southerly boundary of Block 22, thence, N. 6I° 43' 30" E., 195.06 feet to the southeast comer of Block 22, thence, N. 8° 35' E., 21.36 feet to the northeast comer of Block 22, thence, N. 81° 25' W., 122.00 feet to the northwest corner of the easterly portion of Block 22, thence, N. 8° 35' E., 80.00 feet to the southwest comer of the easterly half of Block 21, thence, S. 81° 25' E., 122.00 feet to the southeast comer of Block 21, thence, N. 8° 35' E., 300.00 feet to the Point of Beginning, containing 1.502 acres, moreor less. Bearings based on State Plane Grid Azimuth. ORDINANCE NO. 685 • AN ORDINANCE OFTHE CITY OF McCALL, IDAHO RELATED TO ZONING; REZONING THE REAL PROPERTY DESCRIBED HEREIN TO BE WITHIN ZONE B, MEDIUM DENSITY RESIDENIIAL; AMENDING THE ZONING MAP OF THE CITY OF McCALL; AND, DIRECTING THE CITY ATTORNEY TO ENDORSE SUCH CHANGE ON SUCRiONING MAP. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO PURSUANT TO MCC 3, AND ACTING IN A QUASI-JUDICIAL CAPACITY, AS FOLLOWS: ' Section 1: ZONING ACTION: The McCall City Planning and Zoning Commission having after public hearing made its favorable recommendation, and the Council having held a public hearing as well, and having decided to grant the petition for zoning map amendment, the real property described below is rezoned from its current zoning classification, which is A, Low Density Residential, to B, Medium Density Residential: Blocks 22, 23 and 24 McCall's First Addition to the Townsite of McCall, excluding however a tract described as: beginning at the Southeast comer of such Block 23, and running West along the south line of such Block 23 and also along the East; West Quarter line of Section' 9, T. 18 N., R. 3 E., B. M. a distance of 120 feet; thence North a distance of 60 feet along a line parallel to the East line of such Block 23; thence East 120 feet along a line parallel to the South line of such Block 23; thence South a distance of 60 feet to the Place of Beginning; located north and west of such exclusion, in the City of McCall, Idaho. - - Section 2: ZONING MAP: The zoning map of the City of McCall Planning Jurisdiction is hereby amended to reflect the above -described zoning classification change, and the City Attorney is instructed to endorse the zoning map accordingly and with the number and effective date of this Ordinance. Section 3: EFFECIIVE DATE: This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved July 29, 1995. Dean A. Martens, Mayor • James,H. Henderson, City Clerk • . •