Ordinance - 2008 - 595 - Change Zoning Flint Estates - 01/08/2008
ORDINANCE NO. 595
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL-RESIDENTIAL)
CLASSIFICATION TO MU-DA (MIXED USE WITH DEVELOPMENT AGREEMENT);
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 Ordinan~e; 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 MU-
DA;and
WHEREAS, the property described in Exhibit "A" is located on Lots 1,4, and 9, Block 2, of the
Amended Plat of Flint Estates at 3950 W. State Street; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on December 3, 2007, 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 18,2007, 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 MU-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
the real property particularly described in Exhibit "A" be removed from the A-R (Agricultural-
Residential) zoning classification and included in the MU-DA (Mixed Use with development
Page I of2
K:ICOUNCILIDraft OrdinanceslOrd 595 Millpark Village doc
agreement) zoning 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 the real property described in Exhibit "A" is hereby included in the MU-DA
(Mixed Use with development agreement) zoning 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 8th day of January 2008.
CITY COUNCIL OF THE CITY OF EAGLE
'Ada-Co Idaho
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PhIl Bandy, Mayor
ATTEST:
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.-----Sharoh K. Bergmann, Eagle Ci Clerk
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Page 2 of2
KICOUNCILIDraft OrdinanceslOrd 595 Millpark Village. doc
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHIN DEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 . FAX 208-323-2399
boise@toengrco.com
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I ~"'~ FILED
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Project: 05033
Date: September 23,2005
Page: 1 of 1
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EXHIBIT "A"
Description for Property
A parcel ofland situated in the N 1/2 of the SE 1/4 of Section 12, Township 4 North,
Range 1 West, Boise Meridian, City of Eagle, Ada County, Idaho, being all of Lots 1,4
and 9, Block 2, Amended Plat of Flint Estates, recorded in Book 45 of Plats, at Pages
3713-3714, Records of Ada County, Idaho, described as follows:
COMMENCING at the C 1/4 corner of said Section 12, from which the S 1/4 comer
of said section bears S. 00027' 07"W., 2621.21 feet; thence, along the longitudinal
centerline of said section,
A) S.0002T07"W., 906.39 feet to point marking the westerly extension of the
northerly line of said Lots 1 and 4; thence, along said extension and the northerly
line thereof,
B) N.89037'05"E., 13.04 feet to the POINT OF BEGINNING
1) N.89037'05"E., 1349.22 feet to the northeasterly corner of said Lot 4; thence.
along the easterly line of said Lot 4 and the southerly extension thereof,
2) S.00023'32"W" 360.37 feet to northerly right-of-way line of State Highway
"44"; thence, along said northerly right-of-way line,
3) S.89040' 53"W., 806.06 feet to the beginning of a tangent curve; thence,
4) Southwesterly along said curve to the left, having a radius of 5765.00 feet. an
arc length of 546.22 fee~ through a central angle of 05025' 4,J"' and a chord
bearing and distance of S.86058'02"W., 546.01 feet;thence, leaving said
right-of-way line
5) N.Oo040'47" E., 384.77 feet to the POINT OF BEGINNING.
CONTAINING: 11.25 acres, more or less.
SUBJECT TO: all Covenants, Rights, Rights-of-Way, Easements of Record and any
Encumbrances.
H:\05033\WPFlLES\ExhA Lots 1.'1 & 9.doc
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account
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Attention:
OIlDlJ'fANCE NO. 95
!'lCE CHANGING TIn; ZONING CLASSIFICATION OF TIlE REAL
>ESCRlBEIl HEREIN FROM A-R (AGRlCUL 11)RAL-RESIDENTIAL)
TION TO MU-DA (MIXED USE WITH DEVELOPMENT AOR.EEMEN1);
TIm ZONING MAP OF TIm CITY OF EAGLE TO REFLECT SAID CHANGE;
)!NG AN EfFEC1'lVE DATE.
he City ofE8gle, Idaho is a IIIUDicip8l corporation orpnized IIIli operating UDder
~ StaIIl ofldaho; IIIli
~ to.ChIpfer 65, TJt\e 67,Idaho Code, the City ofEaaJe bas the 8lIlborily to
III 1IIIII--=IId aZaaiDa OrdiJl8DCe; 11IIII
tile owner ofdle real property situated within the City of Eagle and Jllll1icuJarty
~bit 'W' oflhia ord~ '- ~ ill writing, a rame from A-R to MtJ-
tbe property described in Exhibit "An is IOClllied ClI\ lois 1,4, IIIli 9, BIocIc i, oftbe
1 of Flint Estates at 39S0W. State StreeI; IIIli
Ibe PIMDiaa IIId ZoDlq ~ ofdle Cit)'. pursuam to public aotice 81
lW. held a publlcbeariq OIl December 3, 2fU1. . JaquiIed by Sec1ion 67-6509.
DId JMl.Ie a reoo.....~,dooritm to 1110 Ma)ior and CouDciI; IIId
lbe EaPe City CouDciI, ~ to public nolice . JaquJi.ed by law, bel4 a public
ecember 18. 2007. 011 the propoeed mnitl& b the..... property cIeIICIlbod in BxIIiIllt
inld by SediOD 67-6509. .1daIIo Code, made findinp IIIli deaIrnniDIld lIIIt 1he
IIIina dassifiutlOll of MU-DJO for Ibe property dacribed in F.:ihibit "A" is
to IIIeIll die ~ Of Idaho Code, Eaale City Code IIId Ibe EaaJe
iVII P\an IIIli is ba'Cby paaled.
tEFORE, BE IT ORDAINED BY nm MA YOIt AND COUNCIL OF THE CITY
IDAHO, AS FOLLOWS:' .
The City CoUIIcll bereby fIDcIs -' ~ tiIId it is in tb8 best intcresls of Ibe
I, lIlIfet)'.1IIIII WIIIflIrc of die City ofEa&le amd the 1'CSideaIs 11IIII property therein..
ICIly ........., __'bed ill Exhibit "A" be __ m.n Ibe A-R (ApicGItInl-
zoain& clasli8cMioa 11IIII iIIcIuded in the MU..oA (MIxed Use with deYe\opIIent
lOIIinI ~~ plIIIU8IIl to Ibe 1..oninI 0rdinInce of tbe City ofEag\e. The
fuatber fiDcIs IIIli deCerIIIiDes IbM IlIid _ chaD&e ia in _dMCO with 1110 EqIe
ive P18II and re\eYInt City Codes.
The deacn'bed real property a--Uy as Ibown on Exhibit "B" and 10caIed as
IlesCribed in the Il1adIed IepI dcIcripIioa Exhibit "An all siluated in 1110 City of
County, IcI8ho, is hereby ICII'KlW:d from 1110 A-R (~ial) %OIllD&
I IIIli 1110 real property deaibed in Exhibit "A" is hereby included in the MU..oA
with~..--a)zmina~
(be official Zoaina Mep of tile City ofF.alJe, Idaho. is hereby amllllIIed to rd'Iect the
.. in zoaina das&ificllioa.
l'bis ordiDarace ... ., e8ilcI and be ill force from and after its JlMII8Il, 1pIlIOV8I.
pubIicldion of tile ClI'diMnce in tile ofIici.J .-.paper of Ibe City.
I .. day of J.-y 2001.
tolCB. OF THE CITY OF EAGLE
Idabo
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Number Lines
Other
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Eagle, Ada County, State of Idaho; that the said ;l.. II, 5- 0
newspaper is in general circulation in the said2t 7 S 6 DQ
County of Ada, and in the vicinity of Meridian, i ~ G yo
Star, and Eagle, and has been uninterruptedly ~
published in said County during a period of ") 5 lJ. , "? 0
seventy-eight consecutive weeks prior to the first J I
publication of this notice, a copy of which is attached
hereto, and that the notice was published in
Valley Times, in confonnity with Section 60-108,
Idaho Code, as amended, for -1- time(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
supplement; and that said notice was published
..-:- on the following dates:
.Jc(J.o\v-c(JJ l'if?oo)(
?
Frank Thomason, being duly swom, deposes
and says: That he is the Principal Clerk of
Valley Times, a weekly newspaper published at
Beginning
Ending
J(AYdAa~ 14 Loaf
1 1 I
U /t ~ n ~'?'V......-
STATE OF IDAHO)
)SS
COUNTY OF ADA)
On this R day of ~ in the year of 2008
before me, a Nota~~ ~nally appeared
Frank Thomason, known or identified to me to be the person
whose name is subscribed to the within instrument,
and being by m~edUIy swom, declared that the
s nts rein are ,n acknowledged to me that
Q , . he executed the same.
Notary Public for Idaho
Residi~ at ~iii' 10
My Commission expires: C;; ( ).. 1 f