Ordinance - 2004 - 482 - Rezone For Winding Creek - 08/24/2004ORIGINAL
ORDINANCE NO. 482
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM C-2 (COMMERCIAL) CLASSIFICATION TO
MU -P (MIXED USE PUD) 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.
CANNE[
WHEREAS, the real property particularly described in Exhibit "A" hereinafter is presently
included in the MU -P (Mixed Use PUD) 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 C-2 (General Business District) classification to MU -P (Mixed Use PUD) 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" below be removed from the C-2 (General
Business District) zoning classification and included in the MU -P (Mixed Use PUD)
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 C-2 (General Business District)
classification and the real property described in Exhibit "A" is hereby included in the MU -P
(Mixed Use PUD) classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the
foregoing change in zoning classification.
Page 1 of 2
K \COUNCIGDrak Onlinances\Ord 482 dft.doc
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 24`h day of August 2004.
CITY OF EAGLE
Ada County, Idah
gA CY C.
MA OR
RILL,
ATTEST:
,b (it
SHAR N K. BERGMANN,
CITY CLERK
(SEAL)
Page 2 of 2
K:\COUNCIL\Draft Ordinances\Ord 482 dft.doc
File:
Route to:
FOX Land Surveys, Inc.
CITY OF EAGLE U
SEP 0 4 2003
913 S. Latah, Ste D A Boise Idaho A 83705 A 208-342-7957 a 208-342-7437 FAX
PROPERTY DESCRIPTION FOR
PROPOSED WINDING CREEK SUBDIVISION
A PORTION OF THE SOUTHEAST 1/4, SECTION 9, TOWNSHIP 4 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, EAGLE, ADA COUNTY, IDAHO
A portion of the Southeast 1/4 of Section 9, Township 4 North, Range 1 East, Boise
Meridian, Eagle, Ada County, Idaho more particularly described as follows;
Beginning at the found Brass cap marking the South 1/4 comer of Section 9, T.4N, R.1 E,
from which the found Brass Cap marking the Southeast comer of Section 9 bears South
89°55'42" East, as shown on Record of Survey number 3462;
Thence along the North-South center line of Section 9, North 01°04'22" East, a distance of
1320.25 feet to a found Aluminum cap marking the Center -South 16th comer of Section 9,
also being the Northwest comer of "Fuerte de la Aguila Subdivision", as shown on the plat
recorded in Book 80, Page 8573 of the Ada County records;
thence along the Northerly boundary of said subdivision, South 89°47'15" East, a distance
of 106.07 feet to a found 5/8" rebar with plastic cap stamped "MTC INC LS 753", marking
the Northeast comer of said subdivision, the TRUE POINT OF BEGINNING;
thence along the Southerly boundary of "LARUE ACRES SUBDIVISION", as shown on the
plat recorded in Book 69, Page 7069 of the Ada County records, South 89°45'17" East, a
distance of 555.01 feet to a found 5/8" rebar with plastic cap stamped "MTC INC LS 753",
marking the Southeast comer thereof;
thence South 89°55'43" East, a distance of 977.98 feet to the Northwest comer of
"ESQUELA SUBDIVISION', as shown on the plat recorded in Book 77, Page 8174 of the
Ada County records;
thence along the Westerly boundary of said subdivision, South 00°28'43" West, a distance
of 643.03 feet to a point;
thence North 90°00'00" West, a distance of 90.13 feet to a point of curvature;
thence along a curve to the right having a length of 141.77 feet, a radius of 300.00 feet, a
central angle of 27°04'37", tangents of 72.24 feet, and a long chord which bears North
76°27'42" West, a distance of 140.46 feet to a point;
thence North 62°55'23" West, a distance of 252.55 feet to a point of curvature;
thence along a curve to the left having a length of 30.53 feet, a radius of 20.00 feet, a
central angle of 87°26'50", tangents of 19.13 feet, and a long chord which bears South
73°21'12" West, a distance of 27.65 feet to a point;
thence South 29°37'47" West, a distance of 342.20 feet to a point of non -tangent curvature
on the Northeasterly Right -of -Way of State Street;
thence along said Right -of -Way on a curve to the left having a length of 966.22 feet, a
radius of 6671.05 feet, a central angle of 8°17'55", tangents of 483.96 feet, and a long
chord which bears North 67°13'36" West, a distance of 965.39 feet to the Southeast comer
of "Fuerte de la Aguila Subdivision";
thence along the easterly boundary of said subdivision, North 01°17'47" East, a distance of
430.57 feet to TRUE POINT OF BEGINNING.
Containing 928,582 square feet (21.317 acres), more or Tess.
Subject to existing easements and rights-of-way as any may exist, of record or not of
record.
The Basis of Bearings for this description is between the found Brass cap marking the
South 1/4 comer of Section 9, T.4N, R.1 E, from which the found Brass Cap marking the
Southeast comer of Section 9 bears South 89°55'42" East, as shown on Record of Survey
number 3462.
Timothy J. Fox, PLS 7612
END OF DESCRIPTION
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LEGAL ADVERTISING PROOF OF PUBLICATION
RECEIVED & FILED
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ORDINANCE NO. 482
-3o- 0g
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN
FROM C-2 (COMMERCIAL) CLASSIFICATION TO MU -P (MIXED USE PUD) 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 Exhibit "A" hereinafter is presently included in the MU -P (Mixed Use
PUD) 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 C-2 (General Business District) classification to MU -
P (Mixed Use PUD) 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 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" below
be removed from the C-2 (General Business District) zoning classification and included in the MU -P (Mixed Use PUD)
classification pursuant to the Zoning Ordinance of the City of Eagle. The City Cou`nbil 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 C-2 (General
Business District) classification and the real property described in Exhibit "A" is hereby included in the MU -P (Mixed Use
PUD) 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 24'" day of August 2004.
CITY OF EAGLE
Ada County, Idaho
ATTEST:
NANCY C. MERRILL,
MAYOR SHARON K. BERGMANN,
CITY CLERK
Exhibit A: Property Description for Proposed Winding Creek Subdivision
A portion of the Southeast 1/4, Section 9, Township 4 North, Range 1 East, Boise Meridian, Eagle, Ada County, Idaho.
A portion of the Southeast 1/4 of Section 9, Township 4 North, Range 1 East, Boise Meridian, Eagle, Ada County, Idaho m ore
particularly described as follows:
Beginning at the found brass cap marking the South 1/4 corner of Section 9, T.4N, R.IE., from which the round brass cap
marking the Southeast corner of Section 9 bears South 89 degrees 55'42" East, as shown on Record of Survey number 3462;
Thence along the North-South center line of Section 9, North 01 degree 04'22" East, a distance of 1320.25 feet to a found
aluminum cap marking the Center -South 16th comer of Section 9, also being the Northwest corper of "Fuerte de la Aguila
Subdivision," as shown on the plat recorded in Book 80, Page 8573 of the Ada County records; .
thence along the Northerly boundary of said subdivision, South 89 degrees 47'15" East, a distance of 106.07 feet to a found
5/8" rebar with plastic cap stamped "MTC INC LS 753," marking the Northeast corner of said subdivision, the TRUE POINT
OF BEGINNING;
thence along the Southerly boundary of "LARUE ACRES SUBDIVISION," as shown on the plat recorded in Book 69, Page
7069 of the Ada County records, South 89 degrees 45' 17" East, a distance of 555.01 feet to a found 5/8" rebar with plastic cap
stamped "MTC INC LS 753," marking the Southeast comer thereof;
thence South 89 degrees 55'43" East, a distance of 975.98 feet to the Northwest corner of "ESQUELA SUBDIVISION," as
shown on the plat recorded in Book 77, Page 8174 of the Ada County records;
i1 thence along the Westerly boundary of said subdivision, South 00 degrees 28'43" West, a distance of 643.03 feet to a point;
«r o e XI..4h on .t..,,. o nn'nn" Wner a rlietanrr of 911 11 feet to a nnint of curvature:
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