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Home My Public Portal AboutOrd. 845 - Rezoning the Cattail Ridge Property from R-1 to R-4Instrument # 327272 VALLEY COUNTY, CASCADE, IDAHO 2007-11-30 04:58:39 No. of Pages: 5 Recorded for : PATSY RABDEAU - CITY OF MCCALL ARCHIE N. BANBURY Fe .0.00 Ex-Officio Recorder Deputy ORDINANCE NUMBER 815 to: ORDINANCES AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO REZONING THE CATTAIL RIDGE PROPERTY FROM R-1 TO R-4; 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 16, 2006, the McCall City Council created an R-4 zone intended to permit the development of low -density single-family residential neighborhoods consisting of larger home sites; and WHEREAS, Advanced Properties LLC has requested that the property which is described in the attached Exhibit "A" be rezoned from R-1 to R-4 for purpose of increasing the property density to afford construction of the project consisting of forty- three (43) residential units; and WHEREAS, the R-4 zone, as it will be applied to the subject property, is generally in conformance with the future land use map designations of the McCall Comprehensive Plan; and WHEREAS, the McCall Planning and Zoning Commission, in accordance with public notice procedure, held a public hearing on June 4, 2007 for the purpose 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 September 13, 2007, on the proposed zoning map amendment, and on September 27 made findings of fact and conclusions of law as required by law as described as Exhibit "B", 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 interest of the citizens of the City of McCall. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, as follows: Ordinance No. 845 Page 1 of 2 Section 1: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and declare that the rezone of the Cattail Ridge development does not require an amendment to the Comprehensive Plan. Section 2: The real property, all located within the City of McCall and more particularly described in Exhibit "A" which is attached hereto and by this reference incorporated herein, is hereby rezoned from an R-1 zoning classification to an R-4 zoning classification as provided in Chapter 3, Title 3, McCall City Code. Section 3: This Ordinance shall take effect immediately upon its passage and approval. PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO THIS — DAY OF f e, 2007. APPROVED BY THE MAYOR OF THE CITY OF McCALL, IDAHO THIS xp DAY OFA.--14.r, 2007. APPROVED: By City of McCall, Mayor ATTEST: City Clerk Ordinance No. 845 Page 2 of 2 (votary Public for Idaho My Commission Expires on i/"Z/ �� STATE OF IDAHO ) ) ss. County of Valley ) On this on day of /\w , 2007, before me sd1,,b/7 (96;c4fyil personally appeared Donald C. Bailey and Fred Quiel, known or identified to me to be the City Council President and Acting City Clerk of the City of McCall, that executed the said instrument, and acknowledged to me that such City of McCall executed the same. SEAL ro City of McCall Certificate of Recording Officer STATE OF IDAHO } 1 County of Valley } I, the undersigned, the duly appointed, qualified, Acting 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. 845 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on September 27, 2007 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 29th day of November, 2007. Fred Quiel, Acting City Clerk . ALTA OWNER'S POLICY CONTINUATION A EXHIBIT A All that part of the West half of the Northeast quarter (W1/2 NE1/4) of Section 7, Township 18 North of Range 3 East, Boise Meridian, Valley County, Idaho, lying North and East of the right of way of the State Highway, being more particularly described as follows: Beginning at the Northeast corner of the Northwest quarter Northeast quarter of said Section 7, a stone; thence South 89° 48' West along the North boundary of said Northwest quarter Northeast quarter of said Section 7, a distance of 1103.8 feet, more or less, to an intersection with the East line of the State Highway from McCall to New Meadows; thence South 37° 02' East along the East line of said State Highway, a distance of 1310.2 feet, more or less, to a concrete highway monument; thence continuing along the East line of said State Highway, following the arc of a curve with a radius of 2795 feet, a distance of 368.4 feet, more or less, to an intersection with the South boundary of the said Northwest quarter Northeast quarter; thence North 89° 38' East along the South boundary of the said Northwest quarter Northeast quarter, a distance of 70.7 feet to the Southeast comer of the said Northwest quarter Northeast quarter, a stone; thence North 0° 09' West along the East boundary of the said Northwest quarter Northeast quarter, a distance of 1324.7 feet to the Northeast corner of the said Northwest quarter Northeast quarter, the Place of Beginning; and Beginning at the Northeast corner of the Southwest quarter Northeast quarter of Section 7, Township 18 North, Range 3 East, Boise Meridian, a stone; thence South 89° 38' West along the North boundary of the said Southwest quarter Northeast quarter, a distance of 70.7 feet, more or less, to an intersection with the East line of the State Highway from McCall to New Meadows; thence following the East line of the said State Highway, following the arc of a curve with a radius of 2795 feet, a distance of 98.2 feet, more or less, to an intersection with the East boundary of the said Southwest quarter Northeast quarter; thence North 0° 15' West along the East boundary of the said Southwest quarter Northeast quarter, a distance of 68.8 feet to the Northeast corner of said Southwest quarter Northeast quarter and the place of beginning. 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