Ordinance - 1997 - 292 - Zoning Classifications - 04/22/1997ORDINANCE NO. 292
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-5 (RESIDENTIAL, 5 UNITS PER ACRE
MAXIMUM) CLASSIFICATION TO C-2 (GENERAL BUSINESS DISTRICT)
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 owner thereof has requested a change of
the zoning classification of said property to the C-2 (General Business District)
classification; and
WHEREAS, the Planning and Zoning Commission of the City has, on February 24,
1997 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 C-2 (General Business District) classification; and
WHEREAS, the City Council of the City of Eagle has, on March 25, 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 C-2 (General Business District) 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 C-2 (General Business District) classification all pursuant to the Zoning
Ordinance of the City of Eagle. The City Council further finds and determines that said
zone change is in conformance with the Comprehensive Plan of the City of Eagle.
Section 2: The described real property, known as Exhibit "A" attached, 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 C-2 (General Business District)classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to
Page 1 of 2
\\Eagle 1 \sys\SHARED\COUNCIL\Ordinances\Ord. 292.doc
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 22nd day of April, 1997.
CITY OF EAGLE
ADA CO TY IDO
Ch. :ower ayor
ATTEST:
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Sharon K. Smith, P c, 4 c� a •
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City Clerk/Treasurer »' .�S1�L A'�$
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Page 2 of 2
\Eagle llsyslSHARED`,COUNCIL` ,OrdinanceslOrd. 292.doc
EXHIBIT A
A parcel of land being in the SW 1/4 of the SW 1/4, Section 9, Township 4 North, Range 1
East, Boise Meridian, City of Eagle, Ada County, Idaho; more particularly described as
follows:
Commencing at the southwest corner Section 9, T. 4N, R. 1E, B.M., thence N1°02'37" E
355.55 feet along the west line of said Section 9 to the REAL POINT OF BEGINNING
of this description;
Thence S 89°52'48" E 612.60 feet to a point;
Thence N 1°02'37" E. 329.89 feet to a point 27.5 feet south of the centerline of the Eagle
drain:
Thence S 84° 25'37" W 616.63 feet parallel to said centerline to a point on the west line
of said Section 9;
Thence S 1°02'37" W 268.71 feet to the REAL POINT OF BEGINNING of this
description.
F:\SHARED\COUNCIL\Ordinances\Ord. 292 exhibit A.doc
The West Ada Express, 332 W. State St., Eagle, Idaho 83616
Affidavit of Publication
STATE OF IDAHO
COUNTY OF ADA
Scott Crosby
deposes and says:
That I am the Managing Editor of WEST A
twice weekly newspaper published at Eagle, in the County of i
Idaho; that said newspaper has been and is in general circulatic
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 pap
and time of publication, and was published in the newspaper p
supplement; that said paper has been established and regularly
than seventy-eight consecutive weeks prior to the date of first
advertisement.
}
ss.
ORDINANCE NO. 292
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
. beit
Such notice was published in the issue beginning with
19 97 , and ending with the issue of APRIL 29
19 97 .
X,4144c{
STATE OF IDAHO
COUNTY OF ADA
On this 11 day of
Public, personally appeared
June
)
)
in the year of
Scott Crosby
1997 be
. kn
to me to be the person whose name subscribed to the within in.
being by me first duly sworn, declared that the statements then
acknowledged to me that he/she executed ' - same
,•••0Iuu...
,e°''S LEIC *4%,ee
Q'°e......
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»ty tmnBssion expires
.......'••9 s STATEMENT
''••.Tq rE oF,;,.••' West Ada Express
Eagle, Idaho
Number of Lines 53 Lines
Number of Insertions 1
53 Lines @ $1.50 $ 79.50
Lines @ $ $
TOTAL COST
WILL BE $ 79.50
Residing at
N.tary 'ublic for Id
r'
�
Copy of Notice
(First Copy)
ORDINANCE NO. 292
AN ORDINANCE SHANGING THE ZONING CLASSIFICATION OF THE
REAL PROPERTY DESCRIBED HEREIN FROM R-5 (RESIDENTIAL, 5
UNITS PER ACRE MAXIMUM) CLASSIFICATION TO C-2 (GENERAL BUSI-
NESS DISTRICT) CLASSIFICATION; AMENDING THE ZONING MAP OF
THE CITY OF EAGLE TO REFLECT SAID CAHNGE; 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) classifica-
tion under the zoning ordinance of the City of Eagl;e, and the owner thereof has
requested a change of the zoning classification of said property to the C-2
(General Business District) classification; and
WHEREAS, the Planning and Zoning Commission of the City has, on February
24, 1997 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 C-2 (General Business District) Classification;
and
WHEREAS, the City Council of the city of Eagle has, on March 25, 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 ih accordance with the Eagle
Comprehensive Plan and relevant City Codes and that the rezoning request from
an R-5 (REsidiential, 5 Units Per Acre Maximum) classification to C-2 (General
Business District) 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 resi-
dents 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) classifi-
cation and included in the C-2 (General Business District) classification all pur-
suant to the Zoning Ordinance of the City of Eagle. The City council further finds
and determines that said change is in conformance with the Comprehensive Plan
of the City of Eagle.
Section 2: The described real property, known as Exhibit "A" attached, situated
in the City of Eagle, Ada County, Idaho is hereby rescued -from the R-5
(Residential, 5 Units Per Acre Maximum) and included in the C-2 (General
Business District) classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho is hereby amend-
ed 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 22nd day of April, 1997.
CITY OF EAGLE
ADA COUNTY, IDAHO
/s/ Chuck Bower
Chuck Bower, Mayor
ATTEST:
. /s/ Sharon K. Smith
Sharon K. Smith,
S City Clerk/Treasurer
L-147 April 29, 1997
NO.
L -147E