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Home My Public Portal AboutOrd. 851 - CBD to R4 North of Hemlock St RezoneORDINANCE NUMBER 851 AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO REZONING THE PROPERTIES IN THE MILL PARK SUBDIVISION AND SURROUNDING LOTS NORTH OF HEMLOCK STREET CURRENTLY IN THE CENTRAL BUSINESS DISTRICT (CBD) TO LOW DENSITY RESIDENTIAL (R-4) ZONE; 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 zones or zoning districts where appropriate; and WHEREAS, City Code of McCall Title 3.13.05 provides the methods by which amendments to the zoning map may be initiated by the McCall City Council or the McCall Planning and Zoning Commission; and WHEREAS, on March 27, 2008, the McCall City Council approved a zoning map amendment to change the subject area (see Exhibit A Map and Exhibit B Legal Descriptions) to R-4 Low Density Residential to permits the development of low —density single family residential neighborhoods. These neighborhoods would consist of larger home sites. The zone allows a maximum density of four (4) dwelling units per acre; and WHEREAS, the proposed zoning map amendments are consistent with the Comprehensive Plan and the Future Plan Use Plan [MCC 3.13.052(D)]; and WHEREAS, The Commission concluded that the proposed zoning map amendment is in compliance with all other ordinances or laws of the City; and WHEREAS, the land use action is not detrimental to surrounding uses nor is it detrimental to the health, safety and general welfare of the public and taking into account the physical features of the site, public facilities, and existing adjacent developments and uses; and WHEREAS, the McCall Planning and Zoning Commission, in accordance with public notice procedure, held a public hearing on March 4, 2006 for purposes of hearing this zoning map amendment request. At that time, the Commission heard testimony on the proposed zoning map amendment portion of the land use application, constructed findings of fact and conclusions of law as required by law, and recommended to the McCall City Council that the requested zoning be approved; and WHEREAS, the McCall City Council, pursuant to public notice as required by law, held a public hearing on March 27, 2008 on the proposed zoning map amendment, made findings of fact and conclusions of law as required by law, and approved the rezone request because of a finding that the rezone request is generally in accordance with the policies of the McCall Comprehensive Plan and in the best interests of the citizens of the City of McCall; and Ordinance No. 851 Page 1 June 12, 2008 WHEREAS, the legal descriptions for the Mill Park subdivision and surrounding lots north of Hemlock Street were not available in time for publishing; and WHEREAS, the Community Development Department of the City of McCall, obtained the legal descriptions for the Mill Park subdivision and surrounding lots north of Hemlock Street on May, 14th 2008. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and declare that the proposed zoning map amendment does not require an amendment to the Comprehensive Plan. Section 2: The real property, all located within the City of McCall and particularly shown in - Exhibit "B" is hereby rezoned from the Central Business District to R-4 Low Density Residential, from and after the effective date of this ordinance. Section 3: The zoning classification for the property described in Section 2 above is hereby established as the R-4 Zone as provided in the Zoning Ordinance of the City Title 3, Chapter 3. Section 4: This Ordinance shall take effect immediately upon its passage and approval. PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 12 DAY OF JUNE, 2008. APPROVED BY THE MAYOR OF THE CITY OF McCall, IDAHO, THIS 12 DAY OF JUNE, 2008. Approved: By ert Kulesza, Mayor Attest: By Brenna Chaloupka, Acting City Clerk Ordinance No. 851 Page 2 June 12, 2008 ORDINANCE NO. 851 Mill Park Village & Surrounding Subdivisions EXHIBIT A City of McCa11 Site Location This map is to be used only for reference purposes; City of McCall is not responsible for any inaccuracies herein contained Ordinance No. 851 June 12, 2008 Page 3 ORDINANCE NO. 851 EXHIBIT B Mill Park Village situated in Government Lots 1 and 2, Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho. Mill Run Condominiums No. 2A Amended situated in Government Lots 1 and 2, Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho. Mill Park Condominiums situated in Government Lots 1 and 2, Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho. Greystone Village No. 1 situated in a portion of Government Lots 1 and 2, and a portion of Block 7 in McCall's First Addition, McCall Townsite, Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho. Greystone Village No. 2 situated in a portion of Government Lots 1, Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho. TOGETHER WITH A parcel of land situated in Government Lot 3, Section 4 and the NWX of Section 9, Township 18 North Range 3 Last Boise Meridian, Valley County, Idaho more particularly described as follows: Commencing at the northeast corner of said Section 9, thence along the north line of said Section 9 A) North 89 ° 52' 11" West 1323.64 feet to the iC 1/16 corner common to said Sections 4 and 9; thence, departing said section line, B) South 0607'37" West 574.57 feet; thence C) North 74659'53" West 39.59 feet to a point 40 feet westerly of the centerline of Pavia Street, the Point of Beginning; thence along said parallel, line, 1) South 0623'10' West 51.82 feet; thence departing said parallel line 2) North 75°01'.25" West 98.60 feet; thence, 3) along a curve to the left having a radius of 435.82 feet an arc length of 62.12 feet through a central angle of 8°10'00" and a chord bearing and distance of North 79°30'48" West 62.07 feet; thence, 4) along a curve to the left having a radius of 435.21 feet, an arc length. of 117.32 feet, through a central angle of 15°26'43" and a chord bearing and distance of South 88'40'50" West 116.97 feet; thence, 5) South 8°33'29" West 233.09 feet; thence, 6) South 6°58'20" West 56.60 feet; thence, 7) South 8'29'12" West 20.40 feet; thence, 8) North 87°49'38" West 211.52 feet; thence, 9) South 8627'31" West 419.82 feet to a point on the north boundary of McCall's First Addition; thence along said boundary 3.0) North 86'45'16" West 162.74 feet to a point on the centerline of Roosevelt Street as shown on the plat of said McCa1l's First Addition, thence along said centerline, 11) South 8°42'41" West 235.50 feet; thence departing said centerline, Ordinance No. 851 Page 4 June 12, 2008 12) North 81, 25' 2 r" Vest 170.18 feet to t Condominium No, 2.A amended; thence condominium through the following courses; 13) North 8'39'19" East 219.41 feet; thence, 14) South 87°23'11" East 17.40 feet thence beyond said Red Mill 2-A Amended and along the easterly Village Subdivision, 15) North 14°37'26" East 1327.83 feet to a point on Section 9; thence along. said section line 16) South 89°23'00" East 51,55 feet, thence departin 17) North 14°41'57" East 593.94 feet; thence, 18) South 75°18'03" Eat 75.00 feet to the northwest corner of Mill Ittxn Condominiums No. :2 -B; thence along and beyond the boundaries of said Mill Run 2-8 Candlewood Condominiums, and The Aspens Condominium Subdivision through the following courses; 19) South 1.4°42.'57" West 701.16 feet; thence, 20) along a curve to the left having a radius of 435.1,E feet, an arc length of 549.27 feet, through a central angle of 72°19'12" and a chord bearing and distance of South 37°57'13" East 513.53 feet; thence, 21) South 74°59'53" East 164.94 feet to the Point of Beginning. SAVE AND EXCEPT southeast corner of Red Mill ong the boundary of said northeast corner of oundary of Mill Park h line of said said section line, All that certain lot, piece or parcel of land, situate in Valley County, Idaho and shown as Lot 1, Block 1 and Lots 1, 2, 3, and 4, Block 2 Greystone Village No. 1, a plat which is recorded in the office of the Recorder of Valley County, Idaho. AND FURTHER SAVE AND EXCEPT A11 that certain lot, piece or parcel of land, situate in Valley County, Idaho and shown as Lots 10, 11, 12, 1.3, 14, and 15, Block 1 and Lots 11 and 12 Block 2 Greystone Village No. 2, a plat which is recorded in the office of the Recorder of Valley County, Idaho. ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATE rN VALLEY COUNTY, IDAHO AND SHOWN AS LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, BLOCK. 3, GREYSTONE VILLAGE NO. 3, A PLAT WHICH IS RECORDED IN THE OFFICE OF THE RECORDER OF VALLEY COUNTY, IDAHO, ON JULY 31, 2006, AS INSTRUMENT NO. 311462. Ordinance No. 851 Page 5 June 12, 2008 City of McCall Certificate of Recording Officer STATE OF IDAHO } 1 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 McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 851 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on March 27, 2008 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 /6 day of J; , 2008. ,oasun i,,s l,�,cCALL'° •®• too "..Nd' S. et av SEAL ®od 3•., e ...�®.o yie Brenna Chaloupka, Acting City Clerk o' L oaia 9 '%** 44 Ordinance No. 851 Page 6 June 12, 2008