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HomeMy WebLinkAboutORD 3107 2017-045210 RECORDED 10/18/2017 08:23 AM 111111111111111111111111111111111 I 1 I I 00330228201700452100020027 CHRIS YAMAMOTO CANYON COUNTY RECORDER BILL NO. 26 Pgs=2 EHOWELL NO FEE ORDINANCE ORDINANCE NO. 3107 ,.,i nU,=i I CIT„(MR 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-3 (SERVICE 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-17-06 (North 21st Ave Rezone) at a public hearing held, October 16th, 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-3 (Service Commercial)zone: A portion of the NW 1/4 of Section 26, T4N, R3W, BM, Canyon County, Idaho and is more particularly described as follows: COMMENCING at the NW corner of the NW 1/4 (NW Section Corner, Section 26); thence S 00°43'24" W, 447.20 feet along the West boundary of said NW '/ to a point on the centerline of Chicago Street; thence S 46°13'24" E, 1009.86 feet along said centerline to the intersection with the centerline of 21st Avenue; thence S 43°46'38" W, 185.00 feet along said centerline of 21st Avenue to the POINT OF BEGINNING; thence S 46°14'48" E, 47.00 feet parallel with the centerline of said Chicago Street to a point on the southeasterly right-of-way of said 21st Avenue; S 43°46'38" W, 313.03 feet along said southeasterly right- of-way to a point on the southwesterly bank of Indian Creek; thence traversing said southwesterly bank as follows: S 61°09'11" E, 206.10 feet; S 25°58'19" E 112.07 feet; S 40°54'45" E, 451.38 feet; S 20°20'56" E, 453.39 feet; S 00°47'16" W, 142.17 feet to a point on the South boundary of said NW 1/4; thence leaving said southwesterly bank S 89°58'11"W, 214.55 feet along said South boundary of the NW 1/4 to a point on the centerline of the Union Pacific Railroad; thence N 46°12'19" W, 1180.77 feet along said centerline of the Union Pacific Railroad; thence N 43°46'38" E, 790.48 feet parallel with and 30.00 feet northwesterly of said centerline of 21st Avenue; thence S 46°13'24" E, 30.00 feet parallel with the centerline of said Chicago Street to the POINT OF BEGINNING. Containing 13.27 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-3 (Service 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. . iNED PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 16th day of October, 2017. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 16th day of October, 2017. 9111400tUOL ATTEST: Mayor Garret L. Nancolas City Clerk c ,,,,,,,,h►►,,,,, CITY � ., ,.� ••..•••• ••• INcj • O• 1 1 • �•GPi C� G • • Y JDAH0 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3107 REGARDING ZONE DESIGNATION OF CERTAIN PROPERTY This ordinance provides for the rezone of a parcel of land in the City of Caldwell as C-3 (Service Commercial). A portion of the NW 1/4 of Section 26, T4N, R3W, BM, Canyon County, Idaho and is more particularly described as follows: COMMENCING at the NW corner of the NW '/ (NW Section Corner, Section 26); thence S 00°43'24" W, 447.20 feet along the West boundary of said NW 1/4 to a point on the centerline of Chicago Street; thence S 46°13'24" E, 1009.86 feet along said centerline to the intersection with the centerline of 21st Avenue; thence S 43°46'38" W, 185.00 feet along said centerline of 21st Avenue to the POINT OF BEGINNING; thence S 46°14'48" E, 47.00 feet parallel with the centerline of said Chicago Street to a point on the southeasterly right-of-way of said 21st Avenue; S 43°46'38"W, 313.03 feet along said southeasterly right- of-way to a point on the southwesterly bank of Indian Creek; thence traversing said southwesterly bank as follows: S 61°09'11" E, 206.10 feet; S 25°58'19" E 112.07 feet; S 40°54'45" E, 451.38 feet; S 20°20'56" E, 453.39 feet; S 00°47'16" W, 142.17 feet to a point on the South boundary of said NW '/; thence leaving said southwesterly bank S 89°58'11"W, 214.55 feet along said South boundary of the NW 'A to a point on the centerline of the Union Pacific Railroad; thence N 46°12'19" W, 1180.77 feet along said centerline of the Union Pacific Railroad; thence N 43°46'38" E, 790.48 feet parallel with and 30.00 feet northwesterly of said centerline of 21st Avenue; thence S 46°13'24" E, 30.00 feet parallel with the centerline of said Chicago Street to the POINT OF BEGINNING. Containing 13.27 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-3 and providing an effective date, which shall be when published in the Idaho Press Tribune on the 24th day of October 2017. Ordinance No.3107 was passed by the Council and approved by the Mayor on the 16th day of October 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 50-901A on the 16th day of October 2017. 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. 3107 and provides adequate notice to the public as to the contents of such ordinance. DATED this 16th day of October 2017. 41101" Mark Hilty, Attorney for City of Caldw#!'