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HomeMy Public PortalAboutOrd. 761 - Supporting DocsORDINANCE NO.761 AN ORDINANCE OF THE CITY OF McCALL, VALLEY CO TY, IDAHO, ESTABLISHING A NEW ZONING DESIGNATION FOR CTAIN REAL PROPERTY IN VALLEY COUNTY, IDAHO; PROVIDING F RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND C 'UN OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: 1 Section 1: The Mayor and Council h- =b, ' d and declare t the property described in Exhibit A of this Ordinance s whollGntained within e ty Limits of the. - City of McCall and is eligible for a chaige� in 'ng designatio suant to Mc all City Code Title 3, Chapter 34. Section 2: The McCal CI Council, having re the, City of McCall Planning and oning Cominissio for property described in Exhibit��� , pursuant to an a public hearing the p 7' cation, and dete within the descriptio in�xhibit A sh 11 be rezoned Residential di trict to e B Medium De�s�t�Residential d i �, Section 3,: \ In furtheranc Development Agreement wit ity of McC the City of McCall P1lg and Zon Comprehensive Plan are satis ied. Section 4: The zoning ma hereby amended toreflect the Development Director is instructe number and effective date of thi g ndation from esignation of the roperty owner, held eal property contained previous A -Low Density tact. ilium Density Residential zoning n ed in Exhibit B shall enter into a 1 to ensure that the recommendations of Commission and the McCall Area of the City of McCall Planning Jurisdiction is above -described changes, and the Community to endorse the zoning map accordingly and with the Ordinance. Section 5: This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. November 29, 2001 Ordinance No. 761 Page 1 of 2 PASSED AND APPROVED this .ef /day of 17/64)e tia,, 2001. • ,ss cCAL. " ��s 4�600000e°6' tf - 1= SEAL .o s* ATT.N�LL.19 �•+• • A xi/L) Cathleen Koch, City Clerk CITY OF McCALL Muller, Mayor November 29, 2001 Ordinance No. 761 page 2 of 2 ORDINANCE NO.761 EXHIBIT A A parcel of land located in Valley County, Idaho, more particularly described as follows: A parcel of land commencing at the NW corner of the SEI/4 NE1/4, Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho; thence East 690 feet; thence South 837 5/8 feet to the Real Point of Beginning; thence South 2451/4 feet; thence East 100 feet; thence South 50 feet; thence East 490%z feet; thence North 2951/4 feet; thence West 5901/2 feet to the Real Point of Beginning. Ordinance No. 761 Exhibit A page 1 of 1 ORDINANCE NO. 761 EXHIBIT B A parcel of land located in the NW corner of the SE'/4 of the NEY4, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the NW corner of the SE'/4 of the NEVI, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho; thence S. 39° 35' 57" E., 1,084.65 feet to a % inch rebar on the east line of Ponderosa Street; thence, N 89° 50' 41" E. 330.70 feet to a %2 inch rebar; the REAL POINT OF BEGINNING: Thence, continuing N. 89° 50' 41" E. 263.87 feet to a 1/2 inch rebar on the west line of Clements Road, Thence, S. 00° 05' 28" E. 293.83 feet along the west line of Clements Road to a %2 inch rebar, Thence, S. 89° 38' 52" W., 263.33 feet to a % inch rebar, Thence, N. 00° 11' 51" W. 294.23 feet to the Point of Beginning, containing 1.779 acres, more or less. Bearings are based on surveys of record. Ordinance No. 761 Exhibit B page 1 of 1 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: I 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 McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 761 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on November 29, 2001 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 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 (-)/kday of outaaiAdie» 2001. Cathleen A. Koch, City Clerk Publisher's Affidavit of Publication STATE OF IDAHO County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The 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 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 publica- tion of such notice began January 10, 2002 and ended January 10, 2002. .SS Subscribed and s STATE OF IDAHO COUNTY OF VALLEY e this the 11th day of January, 2002. On this 11th day of January, in the year of 2002, before me, a Notary Public, personally appeared Carol J. Wright, 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 2/8/06 ORDINALVCENO 761 ' AN, ORDINANCE OF'THE CITYr OF 1 MCCALL; VALLES( COUNTY IDAHO tES :.TABLISHING, J�• ;ZONdNG DESIGNATION,:,FOR; :CERTAIN"a REAL;; . PROPERTY IN•VAUEY COi3NTY,IDAHO . . PROVIDING FOR, RELATED MATTERS; AND PROVIDINQAN EFFECFIVE'DATE BE IT ORDAINED.: BY$THE �MAY,OR; AND COUNCILOFTHECITY OFMcCALL IDAHO;AS FOLLOWS 1 `„ z " Section 1 TheMayor and Council hereby` find and declare that the.ptopeitYdescribed:in ; Exhibit'.A of this'Ordiiiaiice y,4f elly` con tained within the. City.Lutut§tof thq City of', McCall; and is: eligible, fora change inloning designation, pursgant to MgCall ,City Code :' Title 3, ChapteF 34r ` r -t s Section 2 The McCall CttycCouncil, hav ing received a recommendation frotq,the City4: bf McCall Planning and+Z90.it Commt§0.9*.,.. for a'zoning• designanon of the property, de , • scribed in Exhibit A, purstOt. 9?a aPPlibation , from the properry,oyJner� hel$ n pubhc.heanng7; on the application;.anddet .ermined tl►at the renlij property; contained,w, lthmcthe description in Exhibit A shalLbe;-ezone kf ty the,prevtous; • A —Low Density. Residential'?Bdistrict to the Medium, Density.•Residei4tialdtstnct' *, .• • Section 3iInfurtheranceofthis13 yediiinit,. Density Residential':-zoning„designation;'. owners,ofthe propertysdescribedimExhibit-B -. shall enter into a Deyelopment�Agreementwith, . the City Of McCall to ensureffiat the recom, ,„. , . . mendations Of the City'Of McCall Planningand • Zoning Cointhission and the McCall Area Pam- prehensive Plan -are satisfied. ' • Section 4: The zoning map; of the City of McCall PlannineJurisdictien is,:.hereby amended to reflect the abeve-deScribed changes,-, and the Community. DeVelppnient Director instructed to endorse the Zoning map accord- ingly and with the number and effective date of this Ordinanee. •.' • Seeded 5: Thii` OrdinanceShall be in' full; force' and effect 'frein and: after; ita.:PasSage, approval and pnfilicatien required bylaw,, PASSED AND APPROVED this 29,th day of November;.2001; : CITY OF MccALL Allan Muller; MaYor :, • • , ATTEST: Cathleen Kcielv9,6;Olerk ORDINANCE NO: 761 ,'"'" EXHIBIT A. • •• • „ A parcel of land located in Valley Cennty,: Idaho, more particularly described as follows; A parcel of land Oominencinrat the NW comer of the SE 1/4 NE 1/4, Section 9; Town- ship 18 North, Range:3, East,Soise-Meridian, Valley County, Idaho; .thence East .690 feet; thence South 837,5/8 feet to the Real point of Beginning; thence South 24521/4 feet; thence - East 100 feet; thence South 50feet; thence East . 490 1/2 feet;lhence North. 295.1/4 feet; thence West 590 1/2 feet to the Real Point of Begin-. • ning. • •• , , . ' ORDINANCE NO: ;761; EXHIBIT B. A parcel Of land located in.:theI4 corner of the SE 1/4 of the NE 1/4, Section 0, T. 1$ N.? R: City of McCall, Valley.Cpunty, Idaho, more particularlS, describecIaS followsi • Commencing at the NW COrnerof the SE 1/ 4 of the NE 1/4, Section 9, T. j8 3 E.; B.M., City of *Call; Valle); County, Idaho; thence S. 39( 35' 57" E., 1,084:65 feet.tda 1/2- inch rebar on the east line of Ponderosa Street; , thence, N 89(50' 41" E. 330.70 feet to a 1/2 . inch rebar; the REAL' POINT T.11F.BEGIN-; NINO: . Thence, continuing N. 89(50',41".E.263.87 feet to a 1/2 inch rebar en the west line Clements Road, Thence; S.' 00( 05'. 28" E.- 293.83 feet along the west line Of,Clements Road to a 1/2 inch rebar,.Thence; S. 89(3.8752" W., 263.33 feet t° a.1/2 ineh:tebar,'Tbenee; N.' 00( 1 I ' 51"' W.- 294:23.4* to 'the, Point of. Beginning; containing 4:779 acres.;; more 'or less. Bearings are based On sinVeys 'of record. ltc1/10