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HomeMy WebLinkAboutORD 2783INSTRUMENT CC Y C 2* y_�° to BILL NO. 63 ORDINANCE NO. 2783 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 TO THE C -2 (COMMUNITY COMMERCIAL) 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 Caldwell Hearing Examiner and following the public notice and hearing procedures as required in Section 10- 03 -03, Caldwell Municipal Code, approved Case No. ZON -64 -08 (Golden View Subdivision) at a public hearing held March 16, 2009. Section 2. The parcel is within the city limits of the City of Caldwell, Idaho and the applicant has requested that said following described property should be rezoned to C -2 (Community Commercial) zone: This parcel is situated in a portion of the NW % SE %, the SW '/. NE %, and the NE % SE % of Section 24, Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho, more particularly described as follows: BEGINNING at the NW corner of the said NW % SE %; thence N 88 °54'24" E, 390.21 feet along the north boundary of said NW % SE %; thence leaving said north boundary N 73 °50'37" E, 490.97 feet to a point on the southwesterly right -of -way of the Solomon Drain Slough, said point being a non - tangent point of curvature; thence following said southwesterly right -of -way along a curve to the left, having an arc length of 62.63 feet, a radius of 155.00 feet, through a central angle of 23 °09'01" and having a long chord which bears S 54 0 01'30" E, 62.20 feet to a point of tangency; thence S 65 0 36'00" E, 305.88 feet continuing along said southwesterly right -of -way to a non - tangent point of curvature; thence leaving said southwesterly right -of -way along a curve to the right, having an arc length of 494.90 feet, a radius of 656.00 feet, through a central angle of 43 0 13'29" and a long chord which bears S 23 0 37'59" W, 483.24 feet to a point of non - tangency; thence S 45 0 00'00" E, 142.56 feet to a tangent point of curvature; thence along a curve to the right, having an arc length of 612.21 feet, a radius of 800.00 feet, through a central angle of 43 0 50'48" and a long chord which bears S 23 0 04'36" E, 597.38 feet to a point of tangency; thence S 01 0 09'12" E, 187.97 feet to a point on the south boundary of said NE % SE %.; thence S 88 °50'52" W, 9.99 feet along said south boundary to the SE corner of said NW % SE %.; thence S 88 0 51'26" W, 1322.35 feet along the south boundary of said NW % SE % to the SW corner of said NW % SE %; thence N 00 0 09'13" W, 1326.45 feet along the west boundary of said NW % SE % to the POINT OF BEGINNING. Said parcel contains 37.65 acres, more or less. 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 on the official zoning map and other area maps of the City of Caldwell, Idaho as C -2 (Community Commercial). 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 1 day of June, 2009 APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 1 day of June, 2009 LJ"4AX444 Mayor Garret L. Nancolas ATTEST: �5 M_n C> K7> C7, _ O M i Z m N �5