Ordinance - 2005 - 536 - Change Zoning Beverly Gross Parcel B - 11/22/2005SCANNED
ORDINANCE NO. 536
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A -R (AGRICULTURAL -RESIDENTIAL)
CLASSIFICATION TO R -2 -DA (RESIDENTIAL - TWO DWELLING UNITS 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 -R to R -2 -
DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on September 19, 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 October 25, 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 -2 -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
Page 1 of 2
K CCOUNCIL\Draft Ordinances •, Ord 536 RZ Gross Property doc
the real property particularly described in Exhibit "A" be removed from the A -R (Agricultural -
Residential) zoning classification and included in the R -2 -DA (Residential — two 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
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) zoning
classification and included in the R -2 -DA (Residential — two 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 22nd day of November, 2005.
CITY OF EAGLE
Ada County, Idaho
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Page 2 of 2
K+COUNCIL Draft Ordmances%Ord 536 RZ Gross Property doc
Er+LEY'S LAND 2501 Bogus Basil, rid. -0 Boise, Idaho 83702
SURVEYING • (208) 385-0636
Fax (208) 385-0696
Project No.: 2042 EXHIBIT "A"
Date: June 11, 2004
DESCRIPTION
FOR
BEVERLY GROSS
PARCEL "B"
Route to*
A parcel of land being a portion of Lot 6, Block 3 of Rocket Bar Subdivision as
filed for record in Book 26 of Plats at Page 1636 in the Office of the Ada County
Recorder and situated in the NE 1/4 of Section 4, T.4N., R.1 E., B.M., Ada County,
Idaho as shown on Record of Survey No. , on file under Instrument
No. in the Office of the Ada County Recorder and more particularly
described as follows:
COMMENCING at the Southeast Corner NE 1/4 (East 1/4 Comer) of said
Section 4 marked by a brass cap; Thence along the South Line of said NE 1/4,
North 89°08'50" West, 25.00 feet to the Southeast Comer of said Lot 6
marked by an iron pin, the POINT OF BEGINNING:; Thence along the South Line of
said Lot 6,
North 89°08'50" West, 237.93 feet to a point on the Centerline of the Farmers
Union Canal; Thence along said Centerline along a non -tangent curve to the right
having a radius of 341.93 feet, a central angle of 04°16'00', a length of 25.46 feet
and a long chord bears,
North 40°01'31" East, 25.46 feet to a point; Thence continuing along a non -
tangent compound curve to the right having a radius of 534.35 feet, a central angle
of 03°48'03", a length of 35.45 feet and a long chord bears,
North 41°40'38" East, 35.44 feet to a point; Thence continuing,
North 44°58'56" East, 105.75 feet to a point; Thence continuing along a non -
tangent curve to the right having a radius of 273.13 feet, a central angle of 30°51'31,
a length of 147.10 feet and a long chord bears,
North 57°57'44" East, 145.33 feet to a point on the East Line of said Lot 6;
Thence leaving said Centerline along the East Line of said Lot 6,
South 00°00'11" East, 201.40 feet to the POINT OF BEGINNING:
Parcel B.doc - Ihk
Said Parcel Contains 0.65 Acres, more or Tess.
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