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HomeMy WebLinkAboutORD 2869g 2 01 ldl 5112 Z BILL NO. 10 ORDINANCE NO. 2869 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 M -1 (LIGHT INDUSTRIAL) 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 -74 -11 (Woodburn Rezone) at a public hearing held, April 4, 2011. Section 2. The parcel is contiguous to the City of Caldwell, Idaho and the applicant has requested that said following described property should be rezoned to M -1 (Light Industrial) zone: A portion of the NW %, Section 26, and a portion of the NE %, Section 27 all in Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho, more particularly described as follows: COMMENCING at the section corner common to Sections 22, 23, 26, and 27 and running South 0 °43'12" West 447.20 feet along the section line common to Sections 26 and 27 to a point on the centerline of Chicago Street; thence South 46 0 13'58" East 1009.86 feet along said centerline of Chicago Street to a point on the centerline of North 21 Avenue; thence South 43 0 46'32" West 40.00 feet along said centerline of North 21 Avenue; thence North 46 °13'58" West 30.00 feet to a point on the Northwesterly right -of -way line of said North 21 Avenue; thence South 43 °46'32" West 450.84 feet along said Northwesterly right -of -way line of North 21 Avenue to a point on the centerline of Indian Creek; thence North 46 0 31'51" West 305.50 feet along said centerline of Indian Creek to the POINT OF BEGINNING; thence along said centerline of Indian Creek the following courses and distances: continuing North 46 ° 31'51" West 138.14 feet; thence North 47 0 30'08" West 238.48 feet; thence North 59 0 30'37" West 67.76 feet; thence North 77 0 20'32" West 39.98 feet; thence South 89 0 21'23" West 165.44 feet; thence leaving said centerline of Indian Creek and running North 74 °16'49" West 39.02 feet; thence North 82 °17'48" West 438.79 feet to a point on the Northeasterly right -of -way line of the Union Pacific Railroad; thence South 46 °14'41" East 591.43 feet along said Northeasterly right -of -way line of the Union Pacific Railroad to an angle point therein; thence North 89 °39'12" East 15.53 feet along the right -of -way of line the Union Pacific Railroad to a point on the limits of a parcel being leased from the railroad, said point being South 89 0 39'12" West 56.33 feet from the Northeasterly right -of -way line of the Union Pacific Railroad; thence South 46 0 14'41" East 273.04 feet along the limits of said parcel being leased from the railroad; thence South 43 °45'19" West 22.30 feet along said lease limits; thence South 46 0 14'41" East 108.38 feet along said lease limits; thence North 43 °46'32" East 61.50 feet along a line parallel with and 305.50 feet Northwesterly from the said Northwesterly right -of -way line of North 21 Avenue to a point on the said Northeasterly right -of -way line of the Union Pacific Railroad; thence continuing North 43 °46'32" East 384.44 feet along a line parallel with and 305.50 feet Northeasterly from the said Northwesterly right - of -way line of North 21 Avenue to the POINT OF BEGINNING. EXCEPTING THEREFROM: Any portion thereof lying southwesterly of a line parallel with and 100.00 feet northeasterly, measured at right angles, from the centerline of the main track of the Union Pacific Railroad Company, as now constructed and operated. The above described parcel contains 5.77 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 M -1 (Light Industrial). ti r` 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 18 day of April, 2011. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 18 day of April, 2011. 4 4 ATTEST: Mayor Garret L. Nancolas City �Clerk IN M cn �. S ' t ; r� c� ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 2869 REGARDING ZONE DESIGNATION OF CERTAIN PROPERTY This ordinance provides for the rezone of a parcel of land in the City of Caldwell as M -1 (Light Industrial). A portion of the NW %, Section 26, and a portion of the NE %, Section 27 all in Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho, more particularly described as follows: COMMENCING at the section corner common to Sections 22, 23, 26, and 27 and running South 0 0 43'12" West 447.20 feet along the section line common to Sections 26 and 27 to a point on the centerline of Chicago Street; thence South 46 °13'58" East 1009.86 feet along said centerline of Chicago Street to a point on the centerline of North 21 Avenue; thence South 43 °46'32" West 40.00 feet along said centerline of North 21 Avenue; thence North 46 0 13'58" West 30.00 feet to a point on the Northwesterly right -of -way line of said North 21 Avenue; thence South 43 °46'32" West 450.84 feet along said Northwesterly right -of -way line of North 21 Avenue to a point on the centerline of Indian Creek; thence North 46 0 31'51" West 305.50 feet along said centerline of Indian Creek to the POINT OF BEGINNING; thence along said centerline of Indian Creek the following courses and distances: continuing North 46 0 31'51" West 138.14 feet; thence North 47 °30'08" West 238.48 feet; thence North 59 0 30'37" West 67.76 feet; thence North 77 0 20'32" West 39.98 feet; thence South 89 °21'23" West 165.44 feet; thence leaving said centerline of Indian Creek and running North 74 °16'49" West 39.02 feet; thence North 82 0 17'48" West 438.79 feet to a point on the Northeasterly right -of -way line of the Union Pacific Railroad; thence South 46 0 14'41" East 591.43 feet along said Northeasterly right -of -way line of the Union Pacific Railroad to an angle point therein; thence North 89 0 39'12" East 15.53 feet along the right -of -way of line the Union Pacific Railroad to a point on the limits of a parcel being leased from the railroad, said point being South 89 0 39'12" West 56.33 feet from the Northeasterly right -of -way line of the Union Pacific Railroad; thence South 46 0 14'41" East 273.04 feet along the limits of said parcel being leased from the railroad; thence South 43 0 45'19" West 22.30 feet along said lease limits; thence South 46 °14'41" East 108.38 feet along said lease limits; thence North 43 0 46'32" East 61.50 feet along a line parallel with and 305.50 feet Northwesterly from the said Northwesterly right -of -way line of North 21" Avenue to a point on the said Northeasterly right -of -way line of the Union Pacific Railroad; thence continuing North 43 0 46'32" East 384.44 feet along a line parallel with and 305.50 feet Northeasterly from the said Northwesterly right - of -way line of North 21 Avenue to the POINT OF BEGINNING. EXCEPTING THEREFROM: Any portion thereof lying Southwesterly of a line parallel with and 100.00 feet Northeasterly, measured at right angles, from the centerline of the main track of the Union Pacific Railroad Company, as now constructed and operated. The above described parcel contains 5.77 acres, more or less. The Ordinance includes a provision to amend the official maps of the City by designating the above - described property as M -1 and providing an effective date, which shall be when published in the Idaho Press Tribune on the 25 day of April 2011. Ordinance No. 2869 was passed by the Council and approved by the Mayor on the 18 day of April 2011. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho. The Mayor and City Council approved the foregoing summary for publication pursuant to Idaho Code 50 -901A on the 18 day of April 2011. Mayor Garret L. Nancolas ATTEST: Debbie Geyer, City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary Ordinance No.2869 and provides adequate notice to the p lic as the contents of such ordinance. , 7 DATED this 18 day of April 2011. Mark Hilty, Attorney for City of Cali