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HomeMy WebLinkAboutORD 2800-Ao v BILL NO. 17 ORDINANCE NO. 2800 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 Planning and Zoning Commission and following the public notice and hearing procedures as required in Section 10- 03 -03, Caldwell Municipal Code, approved Case No. ZON -65 -09 (Kimball Office Park Condominiums Subdivision Rezone) at a public hearing held September 8, 2009. Section 2. The parcel is located on the southeast side of Kimball Avenue between Paynter Avenue and Arlington Avenue in Caldwell, Canyon County, Idaho and the applicant has requested that said following described property should be rezoned to C -2 (Community Commercial) zone: A parcel of land being a portion of Block 9 of Arlington Addition to Caldwell as filed for Record in Book 2 of Plats at Page 19 in the Office of the Canyon County Recorder, and lying in the NE % of Section 28, Township 4 North, Range 3 West, BM., Canyon County, Idaho, more particularly described as follows: COMMENCING at the NW corner of the NE % of the NE % (E 1/16`" Corner) of said Section 28; thence South 00 0 15'16" West, 1704.79 feet along the westerly boundary line of the NE % of the NE % of said Section 28 to the intersection of Kimball Avenue; thence leaving said westerly boundary line North 43 0 45'47" East, 892.65 feet along the centerline of Kimball Avenue; thence leaving said centerline, South 46 0 14'13" East, 40.00 feet to a point on the southerly right -of -way line of Kimball Avenue marking the NE corner of Block 9 of said Arlington Addition to Caldwell; thence South 43 0 45'47" West, 206.00 feet along said southerly right -of -way line of Kimball Avenue to the POINT OF BEGINNING; thence leaving said southerly boundary line, South 46 0 14'13" East, 80.00 feet; thence South 43 °45'47" West, 16.00 feet along a line being southerly of and parallel with said southerly right -of -way line of Kimball Avenue; thence leaving said parallel line, South 46 0 14'13" East, 20.00 feet; thence 43 0 45'47" West, 73.00 feet along a line being southerly of and parallel with said southerly right -of -way line of Kimball Avenue; thence leaving said parallel line, South 00 0 43'47" West, 17.18 feet; thence South 54 0 01'57" West, 117.53 feet; thence North 26 0 45'28" West, 96.28 feet to said southerly right -of -way line of Kimball Avenue; thence North 43 0 45'47" East, 185.10 feet along said southerly right -of -way line of Kimball Avenue to the POINT OF BEGINNING. Said parcel contains 0.46 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 21 day of September, 2009 APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 21 day of September, 2009 Mayor Garret L. Nancolas ATTEST: C:: 4ity L Clerk �D P S -� r rn CD W W m Od pp ;0