Ordinance - 1997 - 287 - Zoning Classification - 03/25/1997ORDINANCE NO. 287
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM THE R-5 (RESIDENTIAL, 5 UNITS PER
ACRE MAXIMUM) CLASSIFICATION TO LO (Limited office) CLASSIFICATION;
AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID
CHANGE; AND PROVIDING EFFECTIVE DATE.
WHEREAS, the real property particularly described in Section 2 hereinafter is presently
included in the R-5 (Residential, 5 Units Per Acre Maximum) classification under the
zoning ordinance of the City of Eagle, and the owners thereof has requested a change
of the zoning classification of said property to the LO (Limited office) classification; and
WHEREAS, the Planning and Zoning Commission of the City has, on December 16,
1996 pursuant to public notice as required by law, held a public hearing on the
requested zone change, made findings and conclusions, and has recommended to the
City Council approval of the LO (Limited office) classification; and
WHEREAS, the City Council of the City of Eagle has, on January 14, 1997, pursuant to
public notice as required by law, held a public hearing on the requested zone change,
made findings and conclusions as required by law, and has determined that the zone
change request is in accordance with the Eagle Comprehensive Plan and relevant City
Codes and that the rezoning request from an R-5 (Residential, 5 Units Per Acre
Maximum) classification to LO (Limited office) classification is 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 Section 2 below be
removed from the R-5 (Residential, 5 Units Per Acre Maximum) classification and
included in the LO (Limited office)classification all pursuant to the Zoning Ordinance of
the City of Eagle conditioned upon the execution of a development agreement as
required by the City Council at its January 14, 1997 meeting. The City Council further
finds and determines that said zone change is in conformance with the Comprehensive
Plan of the City of Eagle. Finally, the City Council finds that approval of a Design
Review shall be required prior to site modifications.
Section 2: The described real property, known as Exhibit "A" and "B" attached, all
situated in the City of Eagle, Ada County, Idaho, is hereby removed from the R-5
(Residential, 5 Units Per Acre Maximum) and included in the LO (Limited office)
classification.
H:\COUNCIL\Ordinances\RFZONE.287
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby
reflect the foregoing change in zoning classification.
Section 4: This ordinance shall take effect and be in force from and after
approval, and one (1) publication of the ordinance in the official newspaper
DATED this 25th day of March, 1997.
CITY OF EAGLE
ADA COU ► , IDAHO
Chuck :•wer, i y�yor
ATTEST:
Sharon K. Smith,
City Clerk/Treasurer
H.\COUNCIL\Ordinanas'REZONE 287
amended to
its passage,
of the City.
EXHIBIT A
A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 9, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
EAGLE, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 8, 9, 17 AND
16;
THENCE NORTH 0 DEGREE 48' EAST 702.1 FEET ALONG THE WESTERLY
BOUNDARY OF THE SAID SOUTHWEST 1/4 OF SECTION 9, WHICH IS ALSO
THE CENTERLINE OF STATE HIGHWAY NO. 69 (EAGLE ROAD), TO A POINT
ON THE NORTHERLY RIGHT OF WAY LINE OF NORTHSIDE DRAIN DITCH
(EAGLE DRAIN);
THENCE NORTH 84 DEGREES 11' EAST 33.22 FEET ALONG THE SAID
NORTHERLY RIGHT OF WAY LINE OF NORTHSIDE DRAIN DITCH TO A POINT
MARKING THE SOUTHWEST CORNER OF LOT 1 OF SCHMELZER ADDITION, AS
FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY, RECORDER,
BOISE, IDAHO IN BOOK 12 OF PLATS AT PAGE 609, ALSO SAID POINT
BEING THE REAL POINT OF BEGINNING;
THENCE CONTINUING NORTH 84 DEGREES 11' EAST 135.91 FEET, MORE OR
LESS, ALONG THE SOUTHERLY BOUNDARY OF THE SAID SCHMELZER ADDITION
AND THE SAID NORTHERLY RIGHT OF WAY LINE OF NORTHSIDE DRAIN DITCH
(EAGLE DRAIN) TO A POINT MARKING THE SOUTHEAST CORNER OF THE SAID
LOT 1 OF SCHMELZER ADDITION;
THENCE SOUTH 0 DEGREES 48' WEST 55.00 FEET, MORE OR LESS, ALONG
THE EXTENDED EASTERLY BOUNDARY OF THE SAID LOT 1 OR SCHMELZER
ADDITION TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE
SAID NORTHSIDE DRAIN DITCH (EAGLE DRAIN);
THENCE SOUTH 84 DEGREES, 11' WEST 135.91 FEET, MORE OR LESS,
ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF NORTHSIDE DRAIN
DITCH (EAGLE DRAIN) TO A POINT, ALSO SAID POINT BEING ON THE
EASTERLY RIGHT OF WAY OF SAID STATE HIGHWAY NO. 69 (EAGLE ROAD);
THENCE NORTH 0 DEGREE 48' EAST 55.00 FEET, MORE OR LESS, ALONG
THE SAID EASTERLY RIGHT OF WAY OF STATE HIGHWAY NO. 69 (EAGLE
ROAD), TO THE POINT OF BEGINNING.
RECEIVED AN: ILED
CITY OF EA:LE
JAN 29 1997
D. KOREY LOWDER, CITY 01.010REASURER
F1J=. TIME'
ROUTET(
REVISED EXHIBIT "B"
A PARCEL OF LAND LYING IN THE SOUTHWEST 1 / 4 OF THE SOUTHWEST
1 / 4 OF SECTION 9, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
EAGLE, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
LOT 1 OF SCHMELZER ADDITION, AS FILED FOR RECORD IN THE OFFICE OF
THE ADA COUNTY, RECORDER, BOISE, IDAHO IN BOOK 12 OF PLATS AT
PAGE 609.
Affidavit of Public.. Jon
STATE OF IDAHO
}
ss.
COUNTY OF ADA
NOTICE OF ORDINANCE HEARING (No.
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
bei
Scot Crosby
deposes and says:
That I am the Manager/Editor of WEST
twice weekly newspaper published at Eagle, in the County of
Idaho; that said newspaper has been and is in general circulat
aforesaid, and in the vicinity of Eagle; that the advertisement,
attached hereto, was published in said newspaper once a wee.
consecutive weeks in the regular and entire issue of said pa
and time of publication, and was published in the newspaper
supplement; that said paper has been established and regularl
than seventy-eight consecutive weeks prior to the date of first
advertisement.
Such notice was published in the issue beginning with I
19 97 and ending with the issue of April 11
19 97
x
1
1
1997 t.'
STATE OF IDAHO
COUNTY OF ADA
On this 2 day of
Public, personally appeared Scot Crosby , k
to me tookin
rson whose name subscribed to the within instrument, and
beleBn
�jyAfirsc irry,4sworn, declared that the statements therein are true, and
;AO, @tre 'lO� i•""s 1411e/she execut
',
May
)
)
in the year of
Copy of Notice
(First Copy)
NOTICE OF ORDINACE HEARING
ORDINANCE NO. 287
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE
REAL PROPERTY DESCRIBED HEREIN FROM THE R-5 (RESIDENTIAL, 5
UNITS PER ACRE MAXIMUM) CLASSIFICATION TO LO (LIMITED
OFFICE) CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY
OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING EFFECTIVE.
WHEREAS, the real property particularly described in Section 2 hereinafter is
presently included in the R-5
(Residential, 5 Units Per Acre Maximum ) classification under the zoning ordi-
nance o f the City of Eagle, and the owners thereof has requested a change of the
zoning classification of said property to the LO (Limited office)
classification; and
WHEREAS, the Planning and Zoning Commission of the City has, on December
16, 1996 pursuant to public notice as required by law, held a public hearing on the
requested zone change, made findings and conclusions, and has recommended to
the City Council approval of the LO (Limited office) classification; and
WHEREAS, the City Council of the City of Eagle has, on January 14, 1997, pur-
suant to public notice as required by law, held a public hearing on the request zone
change, made findings and conclusions, and has recommended to the City
council approval of the LO (Limited Office) classification; and
WHEREAS, the City Council of the City of Eagle has, on January 14, 1997, pur-
suant to public notice as required by law, held a public hearing on the requested
zone change, made findings and conclusions as required by law, and has deter-
mined that the zone change request is in accordance with the Eagle Comprehensive
Plan and relevant City Codes and the the rezoning request from a an R-5
(Residential, 5 Units Per Acre Maximum) classification to LO (Limited Office)
classification is 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 inter-
ests 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 Section 2 below
be removed from the R-5 (Residential, 5 Units per Acre Maximum) classification
and included in the LO (Limited Office) classification all pursuant to the Zoning
Ordinance of the city of Eagle conditioned upon the execution of a development
agreement as required by the city Council at its January 14, 1997 meeting. the City
Council further finds and determines that said zone change is in conformance with
the Comprehensive Plan of the City of Eagle. Finally, the City council finds that
approval of a Design Review shall be required prior to site modifications.
Settion'l: The described real property, known as Exhibit "A" and "B" attached. all
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ublic for Id
STATEMENT
West Ada Express
Eagle, Idaho
Number of Lines 102 Lines
Number of Insertions 1
102 Lines @ $1.50 $ 153.00
Lines @ $ $
TOTAL COST
WILL BE $ 153.00
dJ
NO.
L-141
The West Ada Express, 332 W. State St., Eagle, Idaho 83616
Affidavit of Publi.,tiou
STATE OF IDAHO
COUNTY OF ADA
} SS.
NOTICE OF PUBLIC HEARING
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
Scott Crosby
deposes and says:
That I am the Managing Editor of WEST
twice weekly newspaper published at Eagle, in the County c
Idaho; that said newspaper has been and is in general circula
aforesaid, and in the vicinity of Eagle; that the advertisemen
hereto, was published in said newspaper once a we
consecutive weeks in the regular and entire issue of said p
and time of publication, and was published in the newspape
supplement; that said paper has been established and regul
than seventy-eight consecutive weeks prior to the date of fr
advertisement.
nt
e
ar
r`
Such notice was published in the issue beginning with
19 97 and ending with the issue of
1997
X f
STATE OF IDAHO
COUNTY OF ADA
On this 12 day of June
Public, personally appeared
)
)
in the year of
Scott Crosby
May 9
1997
to me to be the person whose name subscribed to the within
being by me first duly sworn, declared that the statement tl
acknowdged to mks that he/she execut • : the .. me.
SLE1
e.�` , Po,..••e G •.
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C) y: .. 4G S esiding at
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J4.9b< ion expires
`......nu.os- STATEMENT
Not ublic for I
West Ada Express
Eagle, Idaho
Number of Lines 102 Lines
Number of Insertions 1
102 Lines @ $1.50 $ 153.00
Lines @ $ $
TOTAL COST
WILL BE $ 153.00
Copy of Notice
(First Copy)
ORDINANCE NO. 287
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE
REAL PROPERTY DESCRIBED HEREIN FROM THE R-5 (RESIDENTIAL, 5
UNITS PER ACRE MAXIMUM) CLASSIFICATION TO LO (LIMITED
OFFICE) CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY
OF EAGLE TO'REFLECT SAID CHANGE; AND PROVIDING El-HECI IVE.
WHEREAS, the real property particularly described in Section 2 hereinafter is
presently included in the R-5
(Residential, 5 Units Per Acre Maximum 1 classification under the zoning ordi-
nance o f the City of Eagle, and the owners thereof has requested a change of they
zoning classification of said property to the LO (Limited office)
classification; and
WHEREAS, the Planning and Zoning Commission of the City has, on December
16, 1996 pursuant to public notice as required by law, held a public hearing on the
requested zone change, made findings and conclusions, and has recommended to
the City Council approval of the LO (Limited office) classification; and
WHEREAS, the City Council of the City of Eagle has, on January 14, 1997, pur-
suant to public notice as required by law, held a public hearing on the request zone
change, made findings and conclusions, and has recommended to the City
council approval of the LO (Limited Office) classification; and
WHEREAS, the City Council of the City of Eagle has, on January 14, 1997, pur-
suant to public notice as required by law, held a public hearing on the requested
zone change, made findings and conclusions as required by law, and has deter-
mined that the zone change request is in accordance with the Eagle Comprehensive
Plan and relevant City Codes and the the rezoning request from a an R-5
(Residential, 5 Units Per Acre Maximum) classification to LO (Limited Office)
classification is 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 inter- r
ests 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 Section 2 below
be removed from the R-5 (Residential, 5 Units per Acre Maximum) classification
and included in the LO (Limited Office) classification all pursuant to the Zoning
Ordinance of the city of Fagle conditioned upon the execution of a development
agreement as required by the city Council at its January 14, 1997 meeting. the
City Council further finds and determines that said zone change is in conformance a
with the Comprehensive Plan of the City of Eagle. Finally, the City council finds a
that approval of a Design Review shall be required prior to site modifications.
Section 2: The described real property, known as Exhibit "A" and "B" attached,
all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the R-
5 (Residential 5 Units Per Acre Maximum) and included in the LO (Limited
Office) classification.
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 pas-
sage, approval, and one (1) publication of the ordinance in the official newspaper
of the City.
DATED this 25th day of March, 1997.
CITY OF EAGLE
ADA COUNTY, IDAHO
/S/Chuck Bower
Chuck Bower, Mayor
ATTEST:
/s/Sharon K. Smith
Sharon K Smith
City Clerk, Treasurer
NO.
L -141E
Affidavit of Public. ion
STATE OF IDAHO
COUNTY OF ADA
ORDINANCE NO. 287
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
Scot Crosby , bei
deposes and says:
That I am the Manager/Editor of WEST
twice weekly newspaper published at Eagle, in the County of
Idaho; that said newspaper has been and is in general circulate
aforesaid, and in the vicinity of Eagle; that the advertisement,
attached hereto, was published in said newspaper once a week
consecutive weeks in the regular and entire issue of said pal
and time of publication, and was published in the newspaper I
supplement; that said paper has been established and regularly
than seventy-eight consecutive weeks prior to the date of first
advertisement.
Copy of Notice
(First Copy)
• ORDINANCE NO. 287
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE
REAL PROPERTY DESCRIBED HEREIN FROM THE R-5 (RESIDENTIAL, 5
UNITS PER ACRE MA3GMMUM) CLASSIFICATION TO LO (Limited Office)
CLASSIFICATION; AMENDING THE ZONING MAP pF THE CITY OF
EAGLE TO REFLECT SAID CHANGE; AND PROVIDING EFFECTIVE DATE.
w rirtut .AS, the real property particularly described in Section 2 hereinafter is
presently included in the R-5 (Residential, 5 Units Per Acre Maximum) classifica-
tion under the zoning ordinance of the City of Eagle, and the owners thereof has
r requested a change of the zoning classification df said property to the LO (Limited
office) classification; and
A WHEREAS, the Planning and Zoning Commission of the City has, on December
16, 1996 pursuant to public notice as required by law, held a public hearing on the
requesting zone change, made findings and conclusions, and has recommended to
c the City Council approval of the LO (Limited office) classification; and
WHEREAS, the City Council of the City of Eagle has, on January 14, 1997, pur-
suant to public notice as required by law, held a public hearing on the requested
zohe change, made findings and conclusions as required by law, and has deter-
mined that the zone change request is in accordance with the Eagle Comprehensive
Plan and relevant City Codes and that the zone change request is in accordance
with the Eagle Comprehensive Plan. and relevant City Codes and that the rezoning
request from an R-5 (Residential, 5 Units Per Acre Maximum) classification to LO
(Limited office) classification is granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE C1TY OF EAGLE, IDAHO, AS FOLLOWS:
Section 1: The City Council hereby finds and determines that it is in the best inter-
ests 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 Section 2 below
removed fro the R-5 (Residential, 5 Units Per Acre Maximum) classification and
included in the LO (Limited office) classification all pursuant to the Zoning
Ordinance of the City of Eagle conditional upon the execution of a development
agreement as required by the City Council at its January 14, 1997 meeting. The
City Council further finds and determines that said zone change is in conformance
with the Comprehensive Plan of the City of Eagle. Finally, the City Council finds
that approval of a Design Review shall be required prior to site modifications.
Section 2: The described real property, known as Exhibit "A" and "B" attached, all
situated in the City of Eagle, Ada County, Idaho, is hereby removed from the R-5
(Residential, 5 Units Per Acre Maximum) and included in the LO (Limited office)
classification.
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 pas-
sage, approval, and one (1) publication of the ordinance in the official newspaper
of the City.
DaF this 25th day of March, 1997.
L OF EAGLE
ADA COUNTY, IDAHO
As/ C. A. Bower
Such notice was published in the issue beginning with
19 97 , and ending with the issue of April 4
19 97
x
STATE OF IDAHO
COUNTY OF ADA
)
)
)
On this 2 day of May in the year of 1997 t
Public, personally appeared Scot Crosby . I
to me to be the person whose name subscribed to the within i,
being by m` ft„Aie1y sworn, declared that the statements the
ackno eckto rhe tifgt�he/she execut- - e same.
4i IOTA$ • .a •:
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ary Public for Idaho
STATEMENT
West Ada Express
Eagle, Idaho
Number of Lines 127 Lines
Number of Insertions 1
127 Lines @ $1.50 $ 190 50
Lines @ $
TOTAL COST
WILL BE $ 190.50
NO.
L-133