HomeMy WebLinkAboutORD 2167BILL NO..39.
ORDINANCE NO.
AN ORDINANCE CHANGING THE ZONING OF CERTAIN LAND WITHIN THE CITY OF
CALDWELL,COUNTY OF CANYON,STATE OF IDAHO FROM COUNTY A
(AGRICULTURAL)TO CITY R-1 (SINGLE FAMILY RESIDENTIAL);DETERMINING
THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF
CALDWELL,IDAHO;INSTRUCTING THE PLANNING AND ZONING DIRECTOR TO
DESIGNATE SAID PROPERTY AS R-1 ON THE OFFICIAL ZONING MAP AND
REPEALING ALL LAWS,ORDINANCES AND RESOLUTIONS IN CONFLICT
HEREWITH.
BE IT ORDAINED,BY THE MAYOR AND THE COUNCIL OF THE CITY OF CALDWELL,
COUNTY OF CANYON,STATE OF IDAHO:
WHEREAS,it has been determined by the City Council of the City of Caldwell,Idaho,
and following the public hearing procedures as required in Section 10-03-03 Caldwell
Municipal Code,that the following described property be rezoned from County A to City R-
1 (Single Family Residential)and that said rezoning is in the best interest of the City of
Caldwell,Idaho.
SECTION 1.That the following described land is now zoned R-1 (Single Family
Residential)after the date of this ordinance.
The said property consists of approximately twenty point one (20.1)acres and is located
generally west of S.Montana Avenue and north of Homedale Road and more particularly
described as follows:
Commencing at the Southeast corner of the Southwest Quarter of Section 3,Township 3
North,Range 3 West of the Boise Meridian,Canyon County,Idaho;
thence North 0°28*59"West 1,326.51 feet along the Westerly boundary of said Southwest
Quarter,Section 3 to the Southeast corner of the Northeast Quarter of the
Southwest Quarter,Section 3,to the TRUE POINT OF BEGINNING;
thence continuing North 0°28'59"West,a distance of 663.26 feet along said Westerly
boundary of the Southwest Quarter,Section 3 to the Northeast corner of the South
1/2 of the Northeast Quarter,Southwest Quarter,said Section 3;
thence South 89°00'38"West a distance of 1,320.31 feet along the Northerly boundary
of the said South 1/2 of the Northeast Quarter of the Southwest Quarter,Section 3
to the Northwest corner thereof;
thence South 0°31'50" East a distance of 663.21 feet along the Westerly boundary
of the Northeast Quarter,Southwest Quarter,Section 3 to the Southwest corner
thereof;
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thence North 89°00'46"East,a distance of 1,319.76 feet along the Southerly boundary
of the said Northeast Quarter,Southwest Quarter,Section 3 to the POINT OF
BEGINNING.
SECTION 2.The Planning and Zoning Director of the City of Caldwell is hereby instructed
to so designate the same above described property on the official zoning map of the City
of Caldwell,Idaho as being R-1.
SECTION 3.All ordinances,resolutions,orders or parts thereof in conflict herewith are
hereby repealed,rescinded and annulled.
SECTION 4.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 18 day of
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL,IDAHO,this J8_day of
November i 1996.
Mayor
ATTEST:
City Clerk
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Hamilton, M1lichaelson& Hilty, LLP
itAttorneys at Law
CARL a HAMILTON' MARK HILTY
TERRY MICHAELSON* AARON L.SEABLE
`Retired MAREN C.ERICSON
DOUGLAS L.WATERMAN
MEMO TO FILE
TO: The Caldwell City Clerk
411 Blaine Street
Caldwell,ID 83605
RE: Unrecorded Ordinance
FACTS:On the 18th of November, 1996, two ordinance were passed by the Caldwell City Council:
Ordinance No. 2166 and Ordinance No. 2167.Ordinance No. 2166 annexed certain property into
the City of Caldwell and zoned that same property as being in the R-1 Zone. Ordinance No. 2167
also was a zoning ordinance,appearing to zone the same property addressed in Ordinance No. 2166
as being in the R-1 zone.
Ordinance No. 2166 was recorded with Canyon County on December 10, 1996,as instrument no.
9640101. Ordinance No. 2167 was never recorded.
ANALYSIS: It is presently unclear why Ordinance No. 2167 was not recorded. It appears that
Ordinance No. 2167 was redundant,as the actions to be accomplished by Ordinance No. 2167 were
accomplished by Ordinance No. 2166.This may have been the reason, at the time, said ordinance
went unrecorded.Also, it presently appears that there is no reason to record Ordinance No. 2167,
as it will simply redundandy zone certain property as R-1,which property was already zoned R-1.
CONCLUSION:This memo is being provided for the file to be included alongside Ordinance No.
2167 to provid, the foregoing history and to document the reason said Ordinance No. 2167 will
remain unrecoided.
HAMILTON,MICHAELSON & HILTY, LLP
DOUG, ATERMAN
1303- 12' At>.nue Road,Nampa,Idaho,83686
Telephone:(208)467-4479 Facsimile:(208)467-3058
Email:dwaterman@nampalaw.com Website:www.nampalaw.com