Ordinance - 2005 - 535 - Rezone Of Property Covenant Hill Subdivision - 11/29/2005SCANNED
ORDINANCE NO. 535
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A (AGRICULTURAL) CLASSIFICATION TO R-
1 -DA (RESIDENTIAL - ONE DWELLING UNIT PER ACRE WITH A DEVELOPMENT
AGREEMENT) 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 owner 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 to R -1 -
DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on July 18, 2005, as required by Section 67-6509, Idaho
Code, and 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 August 9, 2005, 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 R -1 -DA 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 (Agricultural)
zoning classification and included in the R -1 -DA (Residential — one dwelling units per acre with
a development agreement) 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
Page 1 of 2
K:\COUNCI,\Ordinances\Ord 535 RZ Covenant HiRdoc
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 (Agricultural) zoning classification and
included in the R -1 -DA (Residential — one dwelling units per acre with a development
agreement) 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 passage, approval,
and one (1) publication of the ordinance in the official newspaper of the City.
DATED THIS 29`11 day of November, 2005.
CITY OF EAGLE
' Ada County, Idaho
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Page 2 of 2
K:\COUNCII,\Ordinances\Ord 535 RZ Covenant Hilldoc
07/20/2005 12:09 FAX TOMLINSON & ASSOCIATES L1002/003
clolbom '• waits consuitln
f(L R
survegors
1461 S. TWO Avenue
Maw kilo 83642
(208) 288.2693
Pax (208) 884-8002
EXHIBIT "A"
One.
oute to.
P.N. 2205 May 16, 2005
Revised July 19, 2005
COVENANT HILL SUBDIVISION
R-1 REZONE PARCEL
A parcel of land located in the West 1/2 of the West 1/2 of Section 8 and a
portion of the Northeast 1/4 of the Northeast 1/4 of Section 7, T. 4 N., R. 1
E., B.M., Ma County, Idaho, and being more particularly described as
follows:
Beginning at the Northwest corner of said Section 8;
Thence S 89°18'05" E along the North Section line of said Section 8, on
Floating Feather Road for a of 1324.67 fleet to a point;
thence leaving said North Section line S 00°44'34" W (formerly described
as S 00°30' W) along the extension of the West boundary of Downing
Downs Subdivision No. 3 as recorded in Book 28 of Plats at page 1771, Ada
County Records and the West boundary y of said subdivision for a distance of
1768.56 feet to the centerline of Dry Creek Canal;
thence along the centerline of Dry Creek Canal for the following 4 courses:
N 44°53'40" W fora distance of 178.70 feet to a point of curve to the left;
thence along said curve to the left a distance of 176.82 feet, said curve
having a radius of 520.51 feet, a rural angle of 19°27'48" and a chord of
175.97 feet bearing N 54°37'34" W to a point of tangent;
thence N 64°21'28" W fora distance of 455.83 feet;
.thence N 67°41'09" W for a distance of 85.51 feet to a point on the South
boundary of the Northwest 1/4 of the Northwest 1/4 of said Section 8;
\1SPLID1WrojoctAMetkle( -IR vdeddoo-1
07/20/2005 12:09 FAX TOMLINSON & ASSOCIATES
RECEIVED & I -ILD
CITY OLS13/3
JUL 2 0 2005
. File:
Route to.
thence N 89°19'21" W along said South boundary for a distance of 568.84
feet to the Southwestcorner of said Northwest 1/4 of the Northwest 1/4;
thence N 01°09'52" E alb said West Section line for a distance of 593.92
feet;
thence leaving said Section line S 89°27'42" W for a distance of 300.00 feet;
thence N 01°09'52" E fora distance of 726.00 feet to a point on the North
Section line of said Section 7, also being on Floating Feather Rd.;
thence N 89°27'42" E along said North Section line for a distance of 300.00
feet to the Section corner common to said Sections 7 and 8, the REAL
POINT OF BEGINNING;
containing 48.54 acres of land, more or less.
P. ;. �:,.� :, a by: Todd IL Waite P.L.S.
N. BALLANTYNE LANE
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Message
Page 1 of I
Tracy Osborn
To: Legal Notices
Subject: Ord 535
Please publish the attached ordinance one time only.
TrClc,t! C. osborltc, C-MC-
Di1'''ti::) C.leYR
c.cti::) of E:~gle, Ivl~~o
P.O. 1'>0)( ~520
20g:333-bg~3 ext. 20~
12/5/2005