Ordinance - 2005 - 498 - Park & Ride Ballantyne - 01/11/2005ORIGINA
ORDINANCE NO. 498
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A -R (AGRICULTURAL -RESIDENTIAL)
CLASSIFICATION TO PS (PUBLIC/SEMIPUBLIC) CLASSIFICATION; AMENDING THE
ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the owners of the real property situated within the City of Eagle and particularly
described in Exhibit "A", of this ordinance has requested, in writing, a rezone from A -R to PS;
and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on August 16, 2004, as required by Section 67-6509, Idaho
Code, and on September 7, 2004, made a recommendation to the Mayor and Council; and
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on October 19, 2004, on the proposed zoning for the real property described in Exhibit
"A" as required by Section 67-6509, Idaho Code, made findings and determined that the
requested zoning classification of PS for the property described in Exhibit "A", is appropriate to
meet the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and is
hereby granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, AS FOLLOWS:
Section 1: The City Council hereby finds and determines that it is in the best interests of the
public health, safety, and welfare of the City of Eagle and the residents and property therein that
the real property particularly described in Exhibit "A" be removed from the A -R (Agricultural -
Residential) zoning classification and included in the PS (Public/Semipublic) classification
pursuant to the Zoning Ordinance of the City of Eagle. The City Council further finds and
determines that said zone change is in accordance with the Eagle Comprehensive Plan and
relevant City Codes.
Section 2: The described real property generally as shown on Exhibit "B" and located as
specifically described in the attached legal description Exhibit "A" all situated in the City of
Eagle, Ada County, Idaho, is hereby removed from the A -R (Agricultural -Residential)
classification and the real property described in Exhibit "A" is hereby included in the PS
(Public/Semipublic) classification.
Page 1 of 2
K:\COUNCIL\Draft Orclinnnces•.Ord 498 dft dna
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the
foregoing change in zoning classification.
Section 4: This ordinance shall take effect and be in force from and after its passage, approval,
and one (1) publication of the ordinance in the official newspaper of the City.
DATED THIS 11th day of January 2005.
CITY OF EAGLE
Ada Co 1, , Idaho
NA C. MER' ILL,
MAYOR
ATTEST:
sits.GLZ. �''•.,
SHARbN K. BERGMANN, ' .. .
.�• a•o-
CITY CLERK : v •� °'�Aal yw Q
•,,�� ••••i CORPOsoo tii
� •N0000 �{
.,..,STAB ti, %%S'
,
(SEAL)
Page 2 of 2
K:\COUNCIL\Draft Ordinances\Ord 498 dft.doc
UNLIMITED BOUNDARIES, INC, DBA
Bergey Land Surveying
1103 W. Main St.
Middleton, ID 83644
REVISED DESCRIPTION FOR
ACID, EAGLE PARK & RIDE
PROJECT No. 704039
Walt Neitz, PLS
Doug Bergey, PLS
Phone: 208.585.5858
Fax: 208.585.9001
A Parcel of land lying in the Southeast % of Section 7, T.4N., R1E., B.M., Ada
County, Idaho and being more particularly described as follows:
Commencing at the South 'A coiner of said Section 7; thence along the Westerly boundary of
said Southeast 'A, N1°11'25"E, 1272.33 feet to a point on the Southerly Right -of -Way line of
State Highway 44 (Eagle Alternate Route, Project Number STP -F-3271(033) on file at State
Highway Transportation office); Thence leaving said Westerly boundary along said
Southerly Right -of -Way line and the extension of said line, N89°41'50"F, 1476.32 feet to an
aluminum cap marking the point of intersection for the Southerly Right -of -Way line of West
State Street and the Northerly Right -of -Way line of said State Highway 44 , the REAL
POINT OF BEGINNING;
Thence along the Southerly Right -of -Way line of West State Street, N89°41'50"E, 361.33
feet to an aluminum cap marking the point of intersection for the Southerly Right -of -line of
West State Street and the Northerly Right -of -Way line of said State Highway 44;
Thence along said Northerly Right -of -Way line, S47°06'49"W, 151.81 feet to a aluminum
cap;
Thence continuing along the Northerly Right -of -Way line of said State Highway 44 along a
curve to the left an arc distance of 270.00 feet, said curve having a radius of 2361.83 feet and
a central angle of 6°33'00", and whose chord bears N67°56'07"W, 269.86 feet to the real
point of beginning, comprising .41 acres, more or less.
SUBJECT TO:
Any easements or reservations of record or in use on or across the above described Parcel of
land.
EXHIBIT "A"
Ada County Highway District
Park & Ride Lot — City of Eagle
Vicinity Map
CITY OF EAGLE
Filo
Route to:
J U L 0 8 2004
The project site, parcel #S0507449065, is located at 1993 W. State Street, Eagle, Idaho.
The site is bordered by W. State Street, W. Highway 44 and N. Ballantyne Road, and is
near the western gateway to the City of Eagle.
PROJECT LOCATION
411 " Kuaa
ADA COUNTY
PROJECT LOCATION PROJECT LOCATION --7
W S
ATE ST
EXHIBIT "B"
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
Address: 3
January 31. 2005
Vicinity Map
Identification:
Run Dates:
Ada County Highway District
Park & Ride Lot — City of Eagle
rh_CEI`JE0? -t N ED
CITY OF EAGLE
• JUL 0 8 2004
Route to:
The project site, parcel #S0507449065, is located at 1993 W. State Street, Eagle, Idaho.
The site is bordered by W. State Street, W. Highway 44 and N. Ballantyne Road, and is
near the westem gateway to the City of Eagle.
PROJECT LOCATION
ADA COUNTY
�- PROJECT LOCATION PROJECT LOCATION
Illi!
F:3 0 2005
NosLIIV
3 I Div)5
r '
EXHIBIT "B"
REVISED DESCRIPTION FOR ACHD, EAGLE PARK & RIDE PROJECT
No. 704039
A parcel of land lying inthe Southeast 1 4 of Section 7, T.4N., R1E., B.M.,
Ada County, Idaho and being more particularly described as follows:
Commencing at the South 1.4 corner of said Section 7; thence along the
Westerly boundary of said Southeast 1 4, N 1 degree 11'25" East, 1272.33 feet to
a point on the Southerly Right -of -Way line of State Highway 44 (Eagle Alternate
Route, Project Number STP -F-3271(033) on file at the State Highway Transpor-
tation office);
Thence leaving said Westerly boundary along said Southerly Right -of -Way
line and the extension of said line, N. 89 degrees 41'50" East, 1476.32 feet to an
aluminum cap marking the point of intersection for the Southerly Right -of -Way
line of West State Street and the Northerly Right -of -Way line of said State High-
way 44, the REAL POINT OF BEGINNING;
Thence along the Southerly Right -of -Way line of West State Street, North
89 degrees 41'50" East, 361.33 feet to an aluminum cap markingt he point of
intersection for the Southerly Right -of -Way line of West State Street and the
Northerly Right -of -Way line of said State Highway 44;
Thence along said Northerly Right -of -Way line, South 47 degrees 06'49"
West, 151.81 feet to an aluminum cap;
Thence continuing alone the Northerly Right -of -Way line of said State High -
Douglas G. Bergey
Bergey Land Surveying
1103 West Main Street
Middleton, Idaho 83644
585-5858
AN ORDINANCE CHA
REAL PROPERTY DESCRII
DENTIAL) CLASSIFICATD
TION; AMENDING THE Z
FLECT SAID CHANGE; AN
WHEREAS, the City of
operating under the laws of t
WHEREAS, pursuant tc
has the authority to adopt, es
WHEREAS, the owners
and particularly described in 1
a rezone from A -R to PS; an,
WHEREAS, the Planni
public notice as required by la
by Section 67-6509, Idaho C
tion to the Mayor and Count
WHEREAS, the Eagle
law, held a public hearing on
property described in Exhibit
findings and determined that
erty described in Exhibit "i
Code, Eagle City Code and t
NOW THEREFORE, B
OF THE CITY OF EAGLE,
Section 1: The City Cc
interests of the public heal
residents and property there
hibit "A" be removed from 1
and included in the PS (Put
Ordinance of the City of Eat
said zone change is in accor
City Codes.
Section 2: The describe
located as specifically desct
situated in the City of Eagle
(Agricultural -Residential) cl
"A" is hereby included in th
Section 3: The officit
amended to reflect the foreg
Section 4: This ordiaa
passage, approval, and one (
of the City.
DATED THIS 111' day
CITY OF EAGLE
Ada County, Idaho
NANCY C. MERRILL
MAYOR
ATTEST:
SHARON K. BERGMJ
CITY CLERK
(SEAL)