Ordinance - 2005 - 538 - Change Of Zoning - 12/13/2005SCANNED
ORDINANCE NO. 538
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R -E (RESIDENTIAL -ESTATES)
CLASSIFICATION TO R -3 -DA -P (RESIDENTIAL -THREE UNITS PER ACRE WITH
DEVELOPMENT AGREEMENT AND PLANNED UNIT DEVELOPMENT)
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 Mayor and Council have determined that good cause exists for amending the
official zoning map of the City of Eagle.
WHEREAS, the real property particularly described in Section 2 hereinafter is presently included
in the R -E (Residential -Estates) classification under the zoning ordinance of the City of Eagle;
and
WHEREAS, the City Council of the City of Eagle has determined that the zone change is in
accordance with the Eagle Comprehensive Plan and relevant City Codes and that the rezoning
from R -E (Residential -Estates) classification to R -3 -DA -P (Residential — three units per acre
with Development Agreement and Planned Unit Development) 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 Exhibit "A (1,2)" attached hereto and incorporated
herein by reference be removed from the R -E (Residential -Estates) zoning classification and
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K\COUNCIL\Draft Ordinances \Ord 538 Corrente Bello.doc
included in the R -3 -DA -P (Residential — three units per acre with Development Agreement and
Planned Unit Development)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 Exhibit "A (1,2)", both attached hereto and incorporated herein by
reference, all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the R -E
(Residential -Estates) classification and is hereby included in the R -3 -DA -P (Residential — three
units per acre with Development Agreement and Planned Unit Development) 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 la day of,t2005.
CITY OF EAGLE
ADA COUNTY, IDAHO
ATTEST:
Sharon . Bergmann,
City Clerk/Treasurer
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KICOUNCIUDraft OrdinanceslOrd 538 Corrente Bello.doc
EXHIBIT "A(1)"
LEGAL DESCRIPTION:
PARCEL A:
The South half of the Southwest quarter and the Northeast quarter
of the Southwest quarter of Section 5, Township 4 North, Range 1
East, Boise Meridian, Ada County, Idaho.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND:
A parcel of land lying in the Southeast quarter of the Southwest
quarter of Section 5, Township 4 North, Range 1 East, Boise
Meridian, City of Eagle, Ada County, Idaho, more particularly
described as follows:
Commencing at the Section corner common to Sections 5, 6, 7 and 8
of Township 4 North, Range 1 East, Boise Meridian, being
marked by a brass cap monument; thence
South 89°14'37" East, along the Section line common to said
Sections 5 and 8 for a distance of 1327.37 feet to the West
1/16th corner common to said Section 5 and 8: thence
continuing
South 89°14'37" East along said Section line for a distance of
135.02 feet to the REAL POINT OF BEGINNING; thence
North 0°21'05" West along a line which is parallel to and 135.00
feet Easterly of the West line of the Southeast quarter of the
Southwest quarter of said Section 5, for a distance of 1279.04
feet; thence
North 89°38'43" East for a distance of 1192.04 feet to a point on
the East line of the Southwest quarter of said Section 5;
thence
South 0°21'17" East along the East line of said Southwest quarter
for a distance of 1162.22 feet; thence
South 89°38'43" West for a distance of 100.00 feet; thence
South 0°21'17" East for a distance of 138.00 feet to a point on the
Section line common to said Sections 5 and 8; thence
North 89°14'37" West along said Section line for a distance of
1092.32 feet to the REAL POINT OF BEGINNING.
FURTHER EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND:
A parcel of land lying in the Southeast Quarter of the Southeast Quarter of the Southwest Quarter of
Section 5, Township 4 North, Range 1 East, Boise Meridian, Eagle City, Ada County, Idaho, more
particularly described as follows:
Commencing at the section corner common to Sections 5, 6, 7 and 8 of Township 4 North, Range 1 East,
Boise Meridian, being marked by a brass cap monument in the centerline of W. Floating Feather Road;
thence South 89°14'37" East along the section line common to said Sections 5 and 8, said line also being
the centerline of W. Floating Feather Road, for a distance of 2,654.73 feet to the quarter section corner
common to said Sections 5 and 8, marked by a brass cap monument, said point being the REAL POINT
OF BEGINNING; thence North 0°21'17" West along the North-South center of section line of said Section
5 for a distance of 139.94 feet; thence South 89°38'43" West for a distance of 100.00 feet; thence South
0°21'17" East for a distance of 138.00 feet to a point on the section line common to said Sections 5 and
8; thence South 89°14'37" East along said section line for a distance of 100.02 feet to the REAL POINT
OF BEGINNING.
FURTHER EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND:
A parcel of land for public right of way located in the South half of the Southwest Quarter of Section 5,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly
described as follows:
To find the place of beginning. Commence at the section corner common to Sections 5, 6, 7 and 8 of
Township 4 North, Range 1 East, Boise Meridian, being marked by a brass cap monument; thence South
89°17'53" East, a distance of 1327.29 feet to a point (formerly South 89°14'37" East 1327.37 feet) said
point being the West 1/16th corner common to said Sections 5 and 8; thence continuing South 89°17'53"
East, a distance of 135.03 feet to a point for the PLACE OF BEGINNING; thence North 0°2421" West, a
distance of 65.01 feet to a point; thence North 89°17'53" West a distance of 141.30 feet to a point;
thence South 3°49'00" West, a distance of 40.06 feet to a point; thence South 0°42'07" West, a distance
of 25.00 feet to a point; thence South 89°17'53" East, a distance of 144.73 feet to the PLACE OF
BEGINNING.
FURTHER EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND:
A portion of the Southwest Quarter of the Southwest Quarter; and the Southeast Quarter of the
Southwest Quarter of Section 5, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho,
being more particularly described as follows:
Beginning at a brass cap marking the Southwest corner of said Section 5, Township 4 North, Range 1
East, Boise Meridian, Acta
County, Idaho, also said point being the TRUE POINT OF BEGINNING;
thence North 0°20'51" West aiong the West boundary of said Section 5 a
distance of 1,315.55 feet to a point which is on the West section
line; thence South 89°18'33" East a distance of 1,362.26 feet to a point; thence South 0°21'05" East a
distance of 1,317.11 feet to a point which is
on the South boundary of said Section 5; thence North 89°14'37" West aiong the South boundary of said
Section 5 a distance of 1,362.37 feet to the POINT OF BEGINNING.
PARCEL 5:
The West 8 feet of the South 412.5 feet of Lot 12 of ACADEMY PLACE SUBDIVISION, according to the
plat thereof, filed in Book 4 of Plats at Page 155, records of Ada County, Idaho.
PARCEL C:
Lot 29 in ACADEMY PLACE SUBDIVISION, according to the plat thereof, filed in Book 4 of Plats at Page
155, records of Ada County, Idaho.
FEB -23-2005 1038
EXHIBIT "A(2)"
FA -143642
P.05
A portion of the Soutbrest Quarter of the Southweet Quarter; and
the Southeast Quarter of the Southwest Quarter of section s,
Township 4 Worth, Range 1 East, Bois. Meridian, Ada County, Idaho,
being more particularly described as follows:
Beginning at a brass cap marking the Southwest corner of said
Section 5, Township 4 North, Bangs 1 Last, Boise
Meridian, Ada County, Idaho, also said point being the
TAOE POINT or MUMS; ; thence
North 0°20'51" West along tb. West boundary of said Section 5 a'
distance of 1,315.55 feet to a point Mhich is on the West
sciatica line; thence
south 89°18'33" East a distance of 1,362.26 feet to a point; thence
South 0°21'05" last a distance of 1,317.11 feet to a point which is
on the South boundary of said Section 5; thence
Worth 89'14'37" West along the South boundary of said Section 5 a
distance of 1,362.37 feet to the PONT OF 886IiW8.
LESS AND EXCEPTIWG therefrom a parcel of land for public right of
Way located in the South hall of the Southwest Quarter of Section
5, Townabip 4 Worth, Range 1 Bast, Boise Meridian, Ada county,
Idaho, and being more particularly described as follows:
To find the place of beginning, Commence at the section corner
common to Sections 5, 6, 7 and 8 of Township 4 North,
Mange 1 Bast, Boise Meridian, being marked by a braes cap
monument; thence
South 89°17'53" Nast, a distance of 1327.29 feet to a point
(formerly South 89.14'37" East 1327.37 feet), said point
being the West 1/16th corner common to said sections S
and s; thence continuing
South 89°17'53" East, a distance of 135.03 feet to a point far the
PLACE OF BBeIMMINB; thence
North 0°24'21" West, a distance of 65.01 feat to A point; thencat
Worth 89°17'53" west, a distance of 141.3o feet to a point; thence
south 3°49'00" West, a distance of 40.06 feet to a point; thence
South 0.42'07" West, a distance of 25.00 feet to a point; thence
South 89°17'53" East, a distance of 144.73 feet to the PLACE OF
SWIMMING.
INITIALS
TOTAL P.05
CORRENTE BELLO
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EXHIBIT "B"
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�ailey Engineering, Inc.
CIVIL ENGINEERING 1 PLANNING 1 CADD
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