Ordinance - 1997 - 296 - Amending Zoning Map Classification - 05/28/1997ORDINANCE NO. 296
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM C-2 (COMMERCIAL) CLASSIFICATION TO
R-5 (RESIDENTIAL, 5 UNITS PER ACRE MAXIMUM) 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 C-2 (Commercial) classification under the zoning ordinance of the City of
Eagle, which was approved a Development Agreement (dated February 16, 1995) by
Council motion of January 24, 1995, permitting a temporary rezone to C-2
(Commercial), and providing an allowance for the City to change the zoning
classification of said property back to the previous zoning classification of R-5
(Residential, 5 Units Per Acre Maximum) classification; and
WHEREAS, the City Council of the City of Eagle has determined that the zone change
is in accordance with the stipulations of the Development Agreement of February 16,
1995, Council Motion of January 24, 1995, Eagle Comprehensive Plan and relevant
City Codes and that the rezoning from C-2 (Commercial) classification to R-5
(Residential, 5 Units Per Acre Maximum) 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 C-2 (Commercial) zoning classification and included in the R-5
(Residential, 5 Units Per Acre Maximum) 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 accordance with the stipulations of the Development Agreement of
February 16, 1995, Council Motion of January 24, 1995, Eagle Comprehensive Plan
and relevant City Codes.
Section 2: The described real property, known 1022 and 964 W. State Street and as
shown in Exhibit "A" attached, all situated in the City of Eagle, Ada County, Idaho, is
hereby removed from the C-2 (Commercial) classification and included in the R-5
(Residential, 5 Units Per Acre Maximum) classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to
reflect the foregoing change in zoning classification.
\\Eaglel\sys\SHARED \COUNCII.\Ordinances \Ordinance 296 rezdoc
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 28th day of May, 1997.
CITY OF EAGLE
ADA COUNTY, IDAHO
Rick zag Irre,
Mayor
ATTEST:
�.� 4 e Y R °°° Fai
R
Sharon K. Smith ku.
$ti �*
1
Qo SEA, atia
City Clerk/Treasurer v^ e°�
�. .7000 042). 0"
1\Esglel\sys\ SHARED \COUNCIL\OrdinnnceslOrdinance 296 rez.doc
The West Ada Express, 332 W. State St., Eagle, Idaho 83616
Affidavit of Publi. kion
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
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. 296
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
Copy of Notice
(First Copy)
ORDINANCE NO. 296
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE
REAL PROPERTY DESCRIBED HEREIN FROM C-2 (COMMERCIAL) CLAS-
SIFICATION TO R-5 (RESIDENTIAL, 5 UNITS PER ACRE MAXIMUM) CLAS-
IFICATION; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO
'IREFLECT SAID CHANGE; AND PROVIDING EFFECTIVE DATE.
WHEREAS, the real property particularly described in Section 2 hereinafter is
presently included in the C-2 (Commercial) classification under the zoning ordi-
itance of the City of Eagle, which was approved a Development Agreement (dated
beinFebruary 16, 1995, by Council motion of January 24, 1995, permitting a temporary
rezone to C-2 (Commercial), and providing an allowance for the City to change the
zoning classification of said property back to the previous zoning classification of R-
5 (Residential, 5 units Per y4cre Maximum) classification; and
WHEREAS, the City Council of the City of Eagle has determined that the zone
change is in accordance with the stipulations of the Development Agreement of
February 16, 1995, Council Motion of January 24, 1995, Eagle Comprehensive Plan
and relevant City Codes and that the rezoning from C-2 (Commercial) classification
to r-5 (Residential, 5 Units Per Acre Maximum) classification is granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF EAGLE, IDAHO, AS FOLLOWS:
Section I: 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
F- removed from C-2 (Commercial) zoning classification and included in the R-5
(Residential, 5 Units Per Acre Maximum) 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 accordance with the stipulations of the Development
Agreement of February 16, 1995, Council Motion of January 24, 1995, Eagle
Comprehensive Plan and relevant City Codes.
Section 2: The described real property, known 1022 and 964 W. State Street and as
shown in Exhibit "A" attached, all situated in the City of Eagle, Ada County, Idaho,
is hereby removed from the C-2 (Commercial) classification and included in the R-
5 (Residential, 5 Units Per Acre Maximum) clalsification.
Section 3: The officials 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 28th day May, 1997.
" CITY OF EAGLE
ADA COUNTY, IDAHO
/s/ Rick Yzaguirre
Rick Yzaguirre,
Mayor
ATTEST
/s/ Sharon K. Smith
Sharon K. Smith,
City Clerk/Treasurer
1.-159E June 13, 1997
Such notice was published in the issue beginning with
19 97 , and ending with the issue of June 13
1997
STATE OF IDAHO
COUNTY OF ADA
On this 19th day of June
Public, personally appeared
)
)
)
in the year of
Scott Crosby
1997 he
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 th - same
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TEj°oaOF:a�ee°� �9P°West
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Not
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art 4' /ci
Y/i S /
STATEMENT
Ada Express
Eagle, Idaho
49 Lines
Number of Lines
Number of Insertions 1
49 Lines @ $1.50 $ 71.5n
Lines @ $ $
TOTAL COST
WILL BE $ 73.50
RECEIVED & FILED
CITY OF EAGLE
JUN 2 6 1997
File:
Route to:
NO.
L -159E