Ordinance - 2007 - 567 - Changing Zoning/William Overton - 02/13/2007
ORDINANCE NO. 567
AN ORDINANCE CHANGING THE ZONING CLASSIFICA nON OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL RESIDENTIAL)
CLASSIFICATION TO R-I-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-R to R-I-
DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on November 6,2006, 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 December 12,2006, 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-I-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 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-I-DA (Residential - one dwelling unit
per acre with a development agreement) classification pursuant to the Zoning Ordinance of the
Page I of 2
K:\COUNCIL\Dr<Jt[ OrJill<J11~'t;"S\OllJ 567 Ov<:nl\11 A<:r<:s.Jl\l'
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 "8" 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-I-DA (Residential - one dwelling unit 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 (l) publication of the ordinance in the official newspaper of the City.
DATED THIS I3lh day of February, 2007.
CITY OF EAGLE
Ada County, Idaho
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SHARON K. BERGMANN,
CITY CLERK
Page 2 of 2
K:ICOUNCIL\l)r-ati OrJill<JIlU:sIOl'J .567 01 <:I"lllll A..TO J"..:
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RECEIVED & FILED
CITY OF EAGLE
Exhibit "A"
AUG 2 4 2006
PARCEL DESCRIPTION
August 16,2006
File.
Route to:
PROJECT:
PARCEL NO.:
William Overton (06034)
Annexation Legal Description (Includes Locust Grove RIW)
A parcel ofland being a portion of the SE 'I. of the SE '!. of Section 19, Township 4 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the found brass cap, (corner record #101052636) marking the southeast corner of said Section
19;
Thence North 00014' 26" East (formerly North 000 14' 41" East) coincident with the east line ofsaid Section 19, a
distance of 1320.10 feet (fonneriy 1320.00 feet) to a set 5/8" rebar/cap PLS 10561 and the POINT OF
BEGINNING;
Thence North 89046'36" West (fonneriy North 89045' 52" West), 726.00 feet to a found 5/8" rebar/cap PLS 4998;
Thence South 00014'26" West (fonnerly South 000 14' 41" West), 300.00 feet to a found 5/8" rebar/cap PLS 4998;
Thence South 89046'36" East (fonnerly South 89045' 52" Eas!), 726.00 feet to a found 5/8" rebar/cap PLS 4998
and the said east line of said Section 19;
Thence North 000 14' 26" East (fonnerly North 000 14' 41" East) coincident with the said east line of said Section
19, a distance of300.00 feet to the POINT OF BEGINNING.
The parcel above described contains 5.00 acres more or less.
Together with and subject to covenants, easements and restrictions of record.
Basis of bearings for this parcel is North 000 14' 26" East between the found brass cap (comerrecord #101052636)
marking the southeast comer of said Section 19, and the found brass cap (corner record # 101 052637) marking the
east'!. comer of said Section 19, both in T. 4 N., R. I E.
David S. Short Jr.
End Description
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Vicinity Ma' Re.CEIVE;D~.':;ILED
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Exhibit "8" AUG 2 4 2[35
File:
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Message
Page 1 of 1
Tracy Osborn
From: Tracy Osborn
Sent: Tuesday, February 20, 2007 2:51 PM
To: Legal Notices(historydoc@uswest.net)
Subject: Ordinance 567
Please publish the attached ordinance one time only on February 26, 2007, with a notation that
says" Exhibit B, the vicinity map, is available for review at Eagle City Hall 660 E. Civic Lane
Eagle, Idaho."
Call w/ any'?')')
THANKS!
Tracy E. Osborn, CMC
Deputy Clerk
City of Eagle, Idaho
P.O. Box 1520
208-939-6813 ex!. 201
2/20/2007
I'/latud 02/;;2-//01
Mayor: Nancy C. Merrill
CITY OF EAGLE
P.O. Box 1520
Eagle, Idaho 83616
939-6813
Council: Stanley J. Bastian
Phil Bandy
Steve Guerber
SCOtt Nordstrom
February 20, 2007
Ada County Development Services - t{/iJD
200 W. Front St.
Boise, ID 83702
me< {lIj k)da CII Uutd ~
RE: Ordinance No. 567
Enclosed herewith for your information please find a copy of Ordinance No. 559 which
rezones property within the City of Eagle.
Should you have any questions regarding this rezone ordinance, please call the Planning
and Zoning Department at 939-0227 or myself at 939-6813.
:Ire];, t~
Trac~sbom, CMC
Deputy Clerk
Enc!.
Message
Page I of I
Tracy Osborn
From: The Valley Times [historydoc@qwesl.net]
Sent: Tuesday, February 20, 20076:06 PM
To: Tracy Osborn
Subject: RE: Ordinance 567
Tracy,
Receipt confirmed; thank you very much.
Frank
-----Original Messagemu
From: Tracy Osborn [mailto:tosborn@cityofeagle.org]
Sent: Tuesday, February 20, 20072:51 PM
To: historydoc@uswest.net
Subject: Ordinance 567
Please publish the attached ordinance one time only on February 26, 2007, with a notation
that says" Exhibit B, the vicinity map, is available for review at Eagle City Hal) 660 E.
Civic Lane Eagle, Idaho."
Call wi any???
THANKS!
Tracy E. Osborn, CMC
Deputy Clerk
City of Eagle, Idaho
P.O. Box 1520
208-939-6813 ext. 201
2/21/2007
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
RECEIVED & FILeD
CITY OF EAGLE
FES 2 g 2007
Fils:
Route to:
--_._~.----_.._'
Identification:
Cr f\. J.J.. n f<;'" <-4-
No.)1.7
Account:
(. tJ of EQ~~
~~o E. C. v'L. LQ.^e
G 'Jl. Ii) \(1(,,/ ~
Run Dates:
.)... "u. '01
Address:
ORDINANCE NO. 567
12. ~"2..t- 'DJ
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL RESIDEN-
TIAL) CLASSIFICATION TO R-I-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 Ordinnce; and
WHEREAS, the owner of the real property situated within the City of Eagk and
particularly described in Exhibit "A" of this ordinance has requested, in writing, a
rezone from A-R to R-I-DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public
notice as required by law, held a public hearing on November 6th, 2006, 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 December 12, 2006, 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-I-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 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 "An be removed from the A-R (Agricultural Residential) zoning classifica-
tion and included in the R-I-DA (Residential - one dwelling unit 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 "An), all
situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A-R
(Agricultural Residential) zonina classification and included in the R-I-DA (Resi-
dential - one dwelling unit per _ 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 (I) publication of the ordinance in the official newspa-
per of the City.
nATl'.o THTS 1 Jth dav of l'ehruarv 2007.
f;,L
r l'L ~ I
Amount
son, being duly sworn, deposes
That he is the Principal Clerk of
weekly newspaper published at
nty, State of Idaho; that the said
in general circulation in the said
~, and in the vicinity of Meridian,
e. and has been uninterruptedly
n said County during a period of
lsecutive weeks prior to the first
tice, a copy of which is attached
that the notice was published in
conformity with Section 60-108,
as amended, for --1- time(s)
j entire issue of said paper, and
newspaper proper, and not in a
j that said notice was published
on the following dates:1
r-(. ~ hA. (t "\ L..{' 1. 00
J '
7
f..fhV"'-<\j 2.}'~" UJol
t ^ ,,,.,,J., / -----rk ~ ........
STATE OF IDAHO)
)SS
~ I COUNTY OF ADA)
of .-r-..v0 in the year of 2007
otary Public, personally appeared
. identified to me to be the person
Ibscribed to the within instrument,
first Iy sworn, declared that the
'ue, knowledged to me that
. he xecuted the same.
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