Ordinance - 2006 - 559 - Change Zoning Pumpkin Patch Subdivision - 10/10/2006
ORDINANCE NO. 559
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL-RESIDENTIAL)
CLASSIFICATION TO R-E-DA (RESIDENTIAL EST A TES 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 ofIdaho; 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 prope11y 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-E-
DA; and
WHEREAS, the property described in Exhibit "A" is located at 2820 West Floating Feather
Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on June 19,2006, as required by Section 67-6509, Idaho
Code, for rezone application # RZ- I I -06 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 July 25,2006, as required by Section 67-6509, Idaho Code, for rezone application #
RZ-II-06 and made findings and determined that the requested zoning classification of R-E-DA
for the property described in Exhibit "A", is appropriate to meet the requirements ofIdaho Code,
Eagle City Code and the Eagle Comprehensive Plan and is hereby granted.
Page 10f3
K\CQUNCIL'.Draft Ordinances\Ord 559 Pumpkin Patch,doc
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" be removed from the A-R (Agricultural-
Residential) zoning classification and included in the R-E-DA (Residential Estates 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-E-DA (Residential Estates 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 ofthe ordinance in the official newspaper of the City.
Page 2 of3
K\COUNCIL"Draft OrdinanceslQrd 559 Pumpkin Patch doc
DATED THIS 10th day of October, 2006.
CITY COUNCIL OF THE CITY OF EAGLE
da County, Idaho
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......Sharon . Bergmann, Eagle City lerk
STATE OF IDAHO)
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County of Ada )
On this /0 day of a h)~ v , in the year. , before me, the undersigned, a
Notary Public in and for said State, personally appeared ..L {. (Y)~ rn;1 and
.SV1a.'(flfl k &rr VI YI , known to me to be the MA YOR and CITY CLERK of said municipal
corporation that ecuted thIs mstrument and the persons who executed the saId mstrument on
behalf of said corporation, and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
first written.
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Page 3 of3
K:\COUNClL\Draft OrdinanceslOrd 559 Pumpkin Patch doc
IDAHO
SURVEY
GROUP
1450 East Watertower 5t.
Suite 150
Meridian, Idaho 83642
Phone (208) 846-8570
Fax (208) 884-5399
Project No. 04-347
April 19, 2006
DESCRIPTION FOR
PUMPKIN PATCH SUBDIVISION
A parcel of land located in the SW1/4 of Section 6, TAN., R.1 E., B.M., Ada
County, Idaho more particularly described as follows:
Commencing at a brass cap monument marking the SW corner of said Section 6
from which a brass cap monument marking the S 1 /4 corner of said Section 6 bears
North 89027'00" East, 2548.39 feet;
thence along the South boundary line of said Section 6 North 89027'00" East,
1069.05 feet to the REAL POINT OF BEGINNING;
thence leaving said South boundary line North 00033'00" West, 429.91 feet;
thence North 70041'00" East, 430.36 feet to a point on the westerly bank of the
Dry Creek Canal;
thence along said westerly bank of the Dry Creek Canal the following 6 courses:
South 28040'39" East, 30.74 feet;
thence South 13051 '11" East, 43.19 feet;
thence South 00022'07" East, 77.14 feet;
thence South 06054'03" West, 128.35 feet;
thence South 08025'19" East, 129.28 feet;
thence South 02044'34" East, 166.87 feet to a point on the South boundary line
of said Section 6;
thence along said South boundary line South 89027'00" West, 439.11 feet to the
REAL POINT OF BEGINNING containing 4.94 acres, more or less.
EXHIBIT "A"
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: 1..- E y.p Identification:
44 O F Civ. - Run Dates:
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A -R (AGRICULTURAL -RESIDENTIAL)
CLASSIFICATION TO R E-DA(RESIDENTIALESTATES WITHADEVELOPMENT
AGREEMENT) CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY
OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING AN EFFECTIVE DATE.
Address:
ORDINANCE NO. 559
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 Chaper 65, Title 67, Idaho Code, the City of Eagle has the au-
thority to adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the owner of the real property situated within the City of Fagle and particu-
larly described in Exhibit "A" of this ordinance has requested, in writing, a rezone from
A -R to R E -DA; and
'WHEREAS, the property described in Exhibit "A" is located at 2820 West Floating Feather
Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to pu blic notice
as required by law, held a public hearing on June 19th, 2006, as required by Section 67-
6509, Idaho Code, for rezone application # RZ-11-06 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 June 19, 2006, as required by Section 67-6509, Idaho Code, for rezone
application # RZ-11-06 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 July 25th, 2006, as required by Section 67-6509, Idaho Code, for re-
zone application # RZ-11-06 and made findings and determined that the requested zoning
classification of R E -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 hearlth, safety and welfare of the City of Eagle and thre residents and proeprty
therein, that the real property particularly described in Exhibit "A" be removed from the
A -R (Agricultural -Residential) zoning classification and included in the R -A -DA (Resi-
dential Estates with a development agreement) classificationpursuant to the Zoning ordi-
nance of the City of Eagle. The City Council further fmds 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, Adg County, Idaho, is hereby removed from the A -R (Agricul Resi-
dential) zoning classification and included in the R -E -DA (Residential Estates vith a
development agreement) classification.
Section 3: The official Zoning Map of the City of Fagle, 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 (I) publication of the ordinance in the official newspaper of the City.
RECEIVED & FILED
CITY OF EAGLE
OCT 2 0 2006
File.
Route to-
Amount l
iason, being duly sworn, deposes
5: That he is the Principal Clerk of
a weekly newspaper published at
runty, State of Idaho; that the said
s in general circulation in the said
da, and in the vicinity of Meridian,
gle, and has been uninterruptedly
in said County during a period of
onsecutive weeks prior to the first
'otice, a copy of which is attached
d that the notice was published in
in conformity with Sectipn 60-108,
le, as amended, for time(s)
Ind entire issue of said paper, and
1e newspaper proper, and not in a
Ind that said notice was published
�qn the fp�lowing dates:
C_ tis—r t fir, 7 M C
_7 f/
0 -j -b 6( 6
r
0_,, J
STATE OF IDAHO )
)SS
COUNTY OF ADA )
of ' in the year of 2006
Votary Public, personally appeared
)r identified to me to be the person
scribed to the within instrument,
rst duly swom, declared that the
nd acknowledged to me that
he executed the same.
Notary Public for Idaho
Residin at Bpi$, ID
mission expires: �Z1