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HomeMy WebLinkAboutExhibit 7_CC_Ordinance & Summary - Freedom 50BILL NO. 77 ORDINANCE NO. 3729 AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE REZONED FROM C-3 (GENERAL COMMERCIAL) ZONE TO THE R-3 (URBAN RESIDENTIAL) ZONE DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That the Caldwell City Council, upon recommendation of the Hearing Examiner and following the public notice and hearing procedures as required in Section 10-03-12, Caldwell Municipal Code, approved Case No. ZON25-000006 (Freedom 50) at a public hearing held this 2nd day of March, 2026. Section 2. The parcel(s) are within the City of Caldwell, Idaho and the applicant has requested that said following described property(s) should be rezoned as follows: Parcel R3249700000 from C-3 (GENERAL COMMERCIAL) to R-3 (URBAN RESIDENTIAL); and A parcel(s) of land more particularly described in Exhibit A: Legal Description and as shown in Exhibit B: Map Exhibit. Section 3. That the City Engineer and the Planning and Zoning Director of the City of Caldwell, Idaho, are hereby instructed to so designate the same above-described property(s) on the official zoning map and other area maps of the City of Caldwell, Idaho as R-3 (Urban Residential). Section 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 5. This ordinance shall be in full force and in effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 2nd day of March, 2026. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 2nd day of March, 2026. ATTEST: Mayor Eric Phillips City Clerk 1001 N. Rosario Street Suite 100 Meridian, ID 83642 P (208) 974-0075 F (801) 352-7989 1 of 2 LEGAL DESCRIPTION PREPARED FOR FREEDOM 50 (LAT 96) CALDWELL, IDAHO 10/13/2025 25-5065 GAM FREEDOM 50 LEGAL DESCRIPTION A part of the Northeast Quarter of the Northwest Quarter of Section 01, Township 3 North, Range 3 West, Boise Meridian, located in Caldwell, Canyon County, Idaho, being more particularly described as follows: Commencing from the West Sixteenth Corner common to Section 1 T3N, R3W and Section 36 T4N, R3W, from which the Northwest Corner of said Section 1 bears S89°28’36” W 1314.72 feet; thence N89°28’38” E 390.84 feet along the Northerly line of the Northwest Quarter of said Section 01; thence S03°18’55” W 376.72 feet; thence S54°32’54” W 449.93 feet; thence N0°13’40” W 633.49 feet along the Easterly boundary of Ashton Hills Subdivision Unit No. 1, located in Book 27 Page 20-21, records of Canyon County, Idaho to the Point of Beginning; Contains: 4.35 acres +/- 10/13/25 EXHIBIT A S3°18'55"W376.72'N89°28'38"E 390.84'N0°13'40"W633.49'S54° 3 2' 5 4" W 449. 9 3' FREEDOM 50 EXHIBIT B CALDWELL, ID 2 OF 2 25-5065 JTS 10/13/2025 N.T.S.V:\_2025\25-5065 TMod Latitude 96\design 25-5065\dwg\exhibits\25-5065 property exhibit.dwgFOCUSã ENGINEERING AND SURVEYING, LLC 1001 N. ROSARIO STREET SUITE 100 MERIDIAN, IDAHO 83642 PH: (208) 974-0075 www.focus-es.com Sheet: Job: Drawn: Scale: Date Created: ASHTON HILLS SUBDIVISION UNIT NO. 1 WAL-MART REAL ESTATE BUS TRUST INST. NO. 2021-083544 USTICK ROAD BASIS OF BEARING: N89°28'36"E 1314.72' MEASURED: N89°28'38"E 1315.35' DAVID & MELINDA NELSON INST. NO. 2020-005687 POINT OF BEGINNING WEST SIXTEENTH CORNER COMMON TO SECTION 1 T3N, R3W AND SECTION 36 T4N, R3W, B.M. NORTHWEST CORNER SECTION 1 T3N, R3W, B.M. NORTH QUARTER CORNER SECTION 1 T3N, R3W, B.M. 10/13/25 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3729 REGARDING ZONE DESIGNATION OF CERTAIN PROPERTY AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE REZONED FROM C-3 (GENERAL COMMERCIAL) ZONE TO THE R-3 (URBAN RESIDENTIAL) ZONE ; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. Ordinance No. 3729, provided for the rezone of: A part of the Northeast Quarter of the Northwest Quarter of Section 01, Township 3 North, Range 3 West, Boise Meridian, located in Caldwell, Canyon County, Idaho, being more particularly described as follows: Commencing from the West Sixteenth Corner common to Section 1 T3N, R3W and Section 36 T4N, R3W, from which the Northwest Corner of said Section 1 bears S89°28’36” W 1314.72 feet; thence N89°28’38” E 390.84 feet along the Northerly line of the Northwest Quarter of said Section 01; thence S03°18’55” W 376.72 feet; thence S54°32’54” W 449.93 feet; thence N0°13’40” W 633.49 feet along the Easterly boundary of Ashton Hills Subdivision Unit No. 1, located in Book 27 Page 20-21, records of Canyon County, Idaho to the Point of Beginning; Section 1. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 2. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 3. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. Ordinance No. 3729 was passed by the Council and approved by the Mayor on the 2nd day of March, 2026. The full text of the Ordinance is available at Caldwell City Hall, 205 S 6th Ave, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 2nd day of March, 2026 for publication on the 10th day of March 2026, pursuant to Idaho Code § 50-901A. STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3729 and provides adequate notice to the public as to the contents of such ordinance. DATED this 2nd day of March, 2026. Oscar Klaas, Attorney for City of Caldwell