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HomeMy WebLinkAboutORD 2879BILL NO. 20 ORDINANCE NO. 2879 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 -1 (NEIGHBORHOOD 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 $ Zoning Commission and following the public notice and hearing procedures as required in Section 10- 03 -03, Caldwell Municipal Code, approved Case No. ZON -76 -11 (Crispin Rezone) at a public hearing held, September 6, 2011. Section 2. The parcels are located at 5105 South 10 Avenue and 5107 South 10 Avenue, Caldwell, Idaho and the applicant has requested that said following described property should be rezoned to C -1 (Neighborhood Commercial) zone: A parcel of land being a portion of the Northwest Quarter of the Southwest Quarter of Section 3, Township 3 North, Range 3 West of the Boise Meridian, Canyon County, Idaho, and is more particularly described as follows: COMMENCING at the southwest corner of said Northwest Quarter of the Southwest Quarter; thence North 00 21'00" West a distance of 225.00 feet along the west boundary of said Northwest Quarter of the Southwest Quarter to the POINT OF BEGINNING; thence continuing North 00 21'00" West a distance of 353.42 feet to the centerline of the Phyllis Canal; thence along said centerline of the Phyllis Canal as follows: South 60 °21'51" East a distance of 40.74 feet; thence South 53 0 02'00" East a distance of 76.41 feet; thence Southeasterly a distance of 128.56 feet along the arc of a curve to the right having a radius of 900.00 feet, a central angle of 8 0 11'03 ", and a long chord which bears South 48 0 56'29" East for a distance of 128.45 feet; thence South 44 0 50'57" East a distance of 250.17 feet; thence Southeasterly, a distance of 29.42 feet along the arc of a curve to the left having a radius of 725.00 feet, a central angle of 2 0 19'29 ", and a long chord which bears South 46 0 00'42" East for a distance of 29.41 feet; thence leaving said centerline of the Phyllis Canal South 89 0 14'22" West a distance of 388.78 feet along a line parallel with the south boundary of said Northwest Quarter of the Southwest Quarter to the POINT OF BEGINNING. This parcel contains 1.70 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 -1 (Neighborhood Commercial). Section 4. Ail 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. w ►� ca 13 CJ � L ® _ C] c' NialO Allo :1S3J1d SeloOUeN 1491Je0 JOABN 7rlv*w � LOZ `jagwaldaS 10 Aep , � SM 'OHd01 ' 30 A113 3Hl j0 SOAVW 3H1 AS 03AOaddd 6 6 O `aagweldaS jo Aep , � S ''l'13M0'1d0 d0 AIIO 3Hl d0 "11ONf10O 3Hl AS 03SSdd to Qs [�) ® CL C w C. La J r� C N; w ►� ca 13 CJ � L ® _ C] c' NialO Allo :1S3J1d SeloOUeN 1491Je0 JOABN 7rlv*w � LOZ `jagwaldaS 10 Aep , � SM 'OHd01 ' 30 A113 3Hl j0 SOAVW 3H1 AS 03AOaddd 6 6 O `aagweldaS jo Aep , � S ''l'13M0'1d0 d0 AIIO 3Hl d0 "11ONf10O 3Hl AS 03SSdd m d�4d�m D95 P ®WD ® ® ®0 r a E ec. ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 2879 REGARDING ZONE DESIGNATION OF CERTAIN PROPERTY This ordinance provides for the rezone of a parcel of land in the City of Caldwell as C -1 (Neighborhood Commercial). A parcel of land being a portion of the Northwest Quarter of the Southwest Quarter of Section 3, Township 3 North, Range 3 West of the Boise Meridian, Canyon County, Idaho, and is more particularly described as follows: COMMENCING at the southwest corner of said Northwest Quarter of the Southwest Quarter; thence North 00 21'00" West a distance of 225.00 feet along the west boundary of said Northwest Quarter of the Southwest Quarter to the POINT OF BEGINNING; thence continuing North 00" 21'00" West a distance of 353.42 feet to the centerline of the Phyllis Canal; thence along said centerline of the Phyllis Canal as follows: South 60 °21'51" East a distance of 40.74 feet; thence South 53 0 02'00" East a distance of 76.41 feet; thence Southeasterly a distance of 128.56 feet along the arc of a curve to the right having a radius of 900.00 feet, a central angle of 8 11 11'03 ", and a long chord which bears South 48 0 56'29" East for a distance of 128.45 feet; thence South 44 0 50'57" East a distance of 250.17 feet; thence Southeasterly, a distance of 29.42 feet along the arc of a curve to the left having a radius of 725.00 feet, a central angle of 2 0 19'29 ", and a long chord which bears South 46 °00'42" East for a distance of 29.41 feet; thence leaving said centerline of the Phyllis Canal South 89 0 14'22" West a distance of 388.78 feet along a line parallel with the south boundary of said Northwest Quarter of the Southwest Quarter to the POINT OF BEGINNING. This parcel contains 1.70 acres, more or less. Property commonly known as: 5105 South 10 Avenue, Caldwell, ID 83605 and 5107 South 1& Avenue, Caldwell, ID 83605 The Ordinance includes a provision to amend the official maps of the City by designating the above - described property as C -1 and providing an effective date, which shall be when published in the Idaho Press Tribune on the 26 day of September 2011. Ordinance No. 2879 was passed by the Council and approved by the Mayor on the 19' day of September 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 on the 19 day of September 2011 for publication pursuant to Idaho Code 50 -901A on the 26 day of September 2011. Mayor Garret L. Nancolas ATTEST: City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 2879 and provides adequate notice to the public as to the contents of such ordinance. DATED this 19 day of September 2011, Marls Hilty, Attorney for City of Caldwell