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Home My WebLink AboutORD 3100 2017-038621 RECORDED 09/07/2017 02:17 PM IIff I I IIII I II II I II I III IIIIIIIIIIIMIIIIII IIIA 00322455201700386210020025 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=2 MBROWN NO FEE ORDINANCE CITY OF CALDWELL BILL NO. 19 ORDINANCE NO. 3100 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-17-05 (Las Brisas Apartments Rezone) at a public hearing held, September 5th, 2017. Section 2. The parcel is within the City of Caldwell, Idaho and the applicant has requested that said following described property should be rezoned to C-2 (Service Commercial)zone: A parcel of land located in the E 1/2 of Gov't Lot 2, Section 3, T.3N., R.3W., B.M., Canyon County, Idaho, more particularly described as follows: COMMENCING at the North '/ corner of said Section 3, from which the C '/< corner of said Section bears South 0°27'10" West, 2723.11 feet; thence South 89°53'03" East, 661.02 feet along the section line common to Sections 3 and 34 to the NW corner of the E '/2 of Gov't Lot 2; thence South 00°28'21"West, 329.01 feet along the West boundary of said E 1/2 of Gov't Lot 2 to the POINT OF BEGINNING; thence South 89°53'03" East, 175.37 feet; thence South 00°00'00" East, 198.37 feet to a point of curvature; thence 35.73 feet along said curve to the right, having a central angle of 28°26'09", a radius of 72.00 feet, and a chord bearing South 14°13'05" West, 35.37 feet; thence South 28°26'09" West, 74.94 feet; thence South 61°33'51" East, 56.00 feet; thence South 89°59'44" East, 74.54 feet; thence South 00°00'00" East, 31.11 feet; thence North 89°30'28" West, 257.71 feet to a point on said West boundary of the E 1/2 of Gov't Lot 2; thence North 00°28'21" East, 354.49 feet to the POINT OF BEGINNING. Containing 1.44 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 (Service Commercial)zone. 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 5th day of September, 2017. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 5th day of September, 2017. 5A-144,44,L ATTEST: Mayor Garret L. Nancolas \ - Bilk !a'. . . City Clerk OF `� CAtd• ••.•. et • i k JAN 15 • CCS : ; 0 ? . ••'••.' COUN14.%•`*• ,,,,,,.,,,,,,, ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3100 REGARDING ZONE DESIGNATION OF CERTAIN PROPERTY This ordinance provides for the rezone of a parcel of land in the City of Caldwell as C-2 (Service Commercial) zone. A parcel of land located in the E 1/2 of Gov't Lot 2, Section 3, T.3N., R.3W., B.M., Canyon County, Idaho, more particularly described as follows: COMMENCING at the North '/ corner of said Section 3, from which the C '/< corner of said Section bears South 0°27'10" West, 2723.11 feet; thence South 89°53'03" East, 661.02 feet along the section line common to Sections 3 and 34 to the NW corner of the E '/2 of Gov't Lot 2; thence South 00°28'21" West, 329.01 feet along the West boundary of said E 1/2 of Gov't Lot 2 to the POINT OF BEGINNING; thence South 89°53'03" East, 175.37 feet; thence South 00°00'00" East, 198.37 feet to a point of curvature; thence 35.73 feet along said curve to the right, having a central angle of 28°26'09", a radius of 72.00 feet, and a chord bearing South 14°13'05" West, 35.37 feet; thence South 28°26'09" West, 74.94 feet; thence South 61°33'51" East, 56.00 feet; thence South 89°59'44" East, 74.54 feet; thence South 00°00'00" East, 31.11 feet; thence North 89°30'28" West, 257.71 feet to a point on said West boundary of the E 1/2 of Gov't Lot 2; thence North 00°28'21" East, 354.49 feet to the POINT OF BEGINNING. Containing 1.44 acres, more or less. The Ordinance includes a provision to amend the official maps of the City by designating the above- described property as C-2 and providing an effective date, which shall be when published in the Idaho Press Tribune on the 12th day of September 2017. Ordinance No. 3100 was passed by the Council and approved by the Mayor on the 5th day of September 2017. 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 50-901 A on the 5th day of September 2017. Mayor Garret L. Nancolas ATTEST: City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and -lieve, that it provides a true and complete sum ary o •Fdinance No. 3100 and provides adequate no .•- . th •/pu• .c as to the contents of such ordinance. DATED this 5th day of September 2017. Mark Hilty, Attorney for City of C;Idwell