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Home My Public Portal AboutOrd. 844 - Rezoning Louisa Ave. Condo Property from R-8 to R-16Instrument # 327268 VALLEY COUNTY, CASCADE, IDAHO 2007-11-30 04:49:36 No. of Pages: 5 Recorded for : PATSY RABDEAU - CITY OF MCCALL ARCHIE N. BANBURY / Fe 0.00 Ex-Officio Recorder Deputy 97 /I, P1-'x` ORDINANCE NUMBER 8njieXto:DRDINANCES44 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO REZONING THE LOUISA AVENUE CONDOMINIUM PROPERTY FROM R-8 TO R-16; 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, McCall City Code 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-16 zone intended to permit multiple family dwelling units and intended to encourage a variety of housing opportunities; and WHEREAS, Advanced Properties LLC has requested that the property described in the attached Exhibit "A" be rezoned from R-8 to R-16 for purpose of increasing the property density to afford construction of the project consisting of seven (7) residential condominium units; and WHEREAS, the R-16 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, 2007 made findings of fact and conclusions of law as required by law as described in 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. Ordinance No. 844 Page 1 of 2 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 rezone of the Louisa Avenue Condominium 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-8 zoning classification to an R-16 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 27' DAY OF 4 112007. APPROVED BY THE MAYOR OF THE CITY OF McCALL, IDAHO THIS DAY OF Oc 0 ; 2007. APPROVED: By.. City of McCall, Mayor Ordinance No. 844 Page 2 of 2 STATE OF IDAHO ) ) ss. County of Valley ) On this 0 % day of Nun) , 2007, before me al), i�U�ti l'ti� 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. Notary Public for Idaho My Commission Expires on // - Zi -Off 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. 844 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 Parcel 1: All that certain lot, piece or parcel of land, situate in Valley County, Idaho and shown as lot 23, Block 15, Mceall's First Addition, a plat which is recorded in the office of the Recorder of Valley County, Idaho. SAVE AND EXCEPT; Those portions which the City of McCall is taking for street purposes, more particularly described as follows: Commencing at the CE 1/16 Corner of Section 9, Township 18 North Range 3 East, Boise Meridian, City of McCa11, Valley County, Idaho being also the Southeasterly corner of Block 15 McCall'$ First Addition to the McCall Townsite; Thence North 89°54'10" West a distance of 688.38 feet along the southerly boundary of Government Lot 2 of said Section 9 to the Easterly boundary of Block 15 of said Subdivision; thence South 8°35'00" West a distance of 25.00 feet to the southeast corner of Lot 23, Block 15 of said subdivision, the Real Point of Beginning; thence North 81°25'00" West a distance of 80.84 feet along the southerly boundary of said Lot 23; thence 54.77 feet along a non -tangent curve to the lett whose long chord bears North 75°13'47" East 54.72 feet radius is 365.00 feet and delta angle is B°35'51"; Thence North 70°55'51" East a distance of 34.55 feet to the Westerly right-of-way of Louisa Avenue; Thence South 8°35'00° West a distance of 37.72 feet to the Point of Beginning. Parcel 2: All that certain lot, piece or parcel of land, situate in Valley County, Idaho, and shown as Lots 18 thzu 22, Block 15, McCall's First Addition, a plat which is recorded in the office of the Recorder of Valley County, Idaho. SAVE AND EXCEPT; Those portions which the City of McCall is taking for street purposes, more particularly described as follows: COMMENCING at the CE 1/16 corner of Section 2, Township 18 North, Range 3 East of the Boise -Meridian, City of MCCal1, Valley County, Idaho, being also the Southeasterly corner of Block 23, McCall's First Addition to the McCa11 Townsite; thence North 89° 54' 10" West a distance of 688.38 feet along the southerly boundary of Government Let 2 of said Section 9 to the Easterly boundary of Block 15 of said Subdivision; thence South 8° 35' 00" West a distance of 25.00 feet to the southeast corner of Lot 23, Block 15 of said subdivision, the REAL POINT OF EECTIVNIIG; thence North 81° 25' 00" Nast a distance of 80.84 feet along the southerly boundary of said Lot 23; thence 54.77 feet along a non -tangent curve to the left whose long chord bears North 75° 13' 47" East 54.72 feet. Radius is 365.40 feet and delta angle is $d 35' 51"; thence North 70° 55' 51" East a distance of 34.55 feet to the Westerly right-of-way. of Louisa Avenue; thence South 8° 35' 00" west a distance of 37.72 feet to the POINT OF BEGINNING.