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Ordinance - 2008 - 605 - Change Zone Pedersen - 06/10/2008 ORDINANCE NO. 605 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL-RESIDENTIAL) CLASSIFICATION TO BP-DA (BUSINESS PARK WITH 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 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 BP- DA; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on October 1,2007, 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 January 8, 2008, 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 BP-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 BP-DA (Business Park with 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 descriptions Exhibit "A" all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A-R (Agricultural-Residential) classification and the real property described in Exhibit "A" is hereby included in the BP-DA (Business Park with development agreement) classification. Page 1 of2 K:\COUNCILlDraft Ordinances\Ord 605 Pedersen. doc 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. DA TED this 10th day of June 2008. ,',........." ", LE '. ATTEST: ...." "",0 .... ..... ~ ........ . .... ,~.. . '.. ~jl~~._k~~~ ~ 0 ,. t- l' E ... ~ = I o~ ...... 0 0;. = >.. ~ r. 0;. : f-t: Q:' , V!.::X:: .. . Q. < - Sharon K. Bergmann, Eagle City Cle k =u'o '<v't" ",. : · . U ...: 0 .. ;. e. C, ~~. '" : .. ,0 .. ~ ~ "=- ... INCO'".. 0 .... ~, If- ........ ~ .... "" ST ^.... ,...... '" "" "".......', Page 2 of2 KICOUNCILIDraft Ordinance,lOrd 60S Pedersen. doc ... '/ II JJ & )Ii/ 1- j Robert L Pedersen ond Debbie L. Pedersen, husband and \vife hereinafter referred to as Grantee, whose current address is J055 Hill Roa~, Eagle, Idaho 83616 the following described premises, to-wit: Commencing at the Southeast comer of Section 10, Township 4 North, Range I East, BoiRe Meridian, Ada County, Idaho, Thence North along the Section line 52.00 feet to an iron pin; Thence North 63 degrees 30' West along the Southern boundary of Hill Road 264.00 feet to an iron bolt, the True Point Of Beginning; Thence South 6 degrees 12' West along the East side of a small ditch 145.5 feet to an iron pipe; Thence South 90 degrees 04' \Vest !JIang the Section line 220.90 feet to a wooden stake; Them:e North 233.11 feet to a wooden stake; Tnence South 69 degrees 30' East, 252.60 feet to the True Point Of Beginning ~- EXHIBIT A ~:-r:-Racg, hJf;1 C~" I EXHIBIT "B" :--ir.:.V=!'./eLJ 6. r-;i_~U I Cl'T\( OF Ef\GLE I I IUI ):~ 7007 I 3055 E. Hill Rd., Eagle, 10 i ,..J ..... _ ..... -'" f \ 1 I I THIS MAP NOT INTENDED FOR NAVIGATIONAL USE (1:r:;:~:,,~,.... . .. 1)1""\....", 1I......r 11 ........ "'1 ~_ '" r'. i'r'Io." .1l I C'\...... ~^~~n'_r\T'"'"' n''''''^TT.."11n/''''A....... 11 Or_AT""'"' 1 ,.f"'^'......^^,.., I RECEIVED & FILeo CITY OF EAGLE JUL 0 2 2008 Valley Times File: P.O. Box 1790 - Eagle, Idaho 83616 Route to: LEGAL ADVERTISING PROOF OF PUBLICATION Account Q-+.J-4 t OL <'j G Identification: c:r^ ,oL: " Ct yt.A..Ao' f'!o.. & 0 r Address: eGo r:. C I' V ~ C Let ~ ~ Run Dates: la-lO- a\( ED-I;: A.J -LD y I ~6(fo 11 ~ /(~.'-IO Number Lines Amount Attention: Other . Frank Thomason, being duly sworn, deposes - --------- and says: That he is the Principal Clerk of I ORDINANCE NO. 605 ,.~~!: c~ alley Times, a weekly newspaper published at 19le, Ada County, State of Idaho; that the said AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL newspaper is in general circulation in the said PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL-RESIDENTIAL) County of Ada, and in the vicinity of Meridian, CLASSIFICATION TO BP-DA (BUSINESS PARK WITH DEVELOPMENT AGREEMENT) )tar, and Eagle, and has been uninterruptedly CLASSIFICATION; AMl:."NDING TIlE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING AN EFFECTIVE DATE. published in said County during a period of WIIEREAS, lhe City of Eagle, Idaho is a municipal corporation organized and operating under 'enty-eight consecutive weeks prior to the first tion of this notice, a copy of which is attached the laws of the State ofIdaho; and hereto, and that the notice was published in WHEREAS, pursuant 10 Chapter 65, Title 67, Idaho Code, the City of Eagle has lhe authority 10 IIey Times, in conformity with ~ 60-108, adopt, eSlablish and amend a Zoning Ordinance; and Idaho Code, as amended. for time(s} WHEREAS. the owner of Ibe teal pronertv situaled within Ihe Citv_ of EJl<Ue. and. olltliCl.lUtd'l - -- he regular and entire issue of said paper, and (Business Park with development agreemenO classification. ; printed in the newspaper proper, and not in a Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the Jpplement; and that said notice was published foregoing change in zoning classification. , ' on the following dates: Section 4: This- ordinance shall take effect and be in force from and after its pasSage, approval, Beginning :1 \A ~ 30 LCot I and one (I) publication of the ordinance in the official newspaper of the City. ~ DATED this lOth day ofJune 2008. Jvl-'l'\J. 30 ~OOr Ending . / ... J /1 (;{/\^ .L n ~"=' (,..- STATE OF IDAHO) }SS 9'"..,"'....,.",,#, COUNTY OF ADA} A lTEST: .....~...uLE ..... :; "2- day of ~ in the year of 2008 " ~,....* " lo ~)t.-"tR . t.o:. fore me, a Nota Pub ,personally appeared ~.Al~,,-_kf.a~~I;""'O, {\'ii Sharon K. Bergmann, Eagle City Cl k ! !::~,. ~iJl 0( = )n, known or identified to me to be the person -v 0 "9" Q: ~ name is subscribed to the within instrument, ~ ~ T'......~ \ IH<:O'ct't..O~ I ~"" .. ....... ~ ,.... >eing by me ~t duly sworn, declared that the . ...... ST" or. .....~ Exhi bit A ',1'1'"..,..,.. 'f"'1" are trU~ged to me that R.obert L Pedersen aud Debbie L.. Pedersen, husband and wife .1t a. I / he executed the same. hereinafter refelTed to as Granlee, whose current address is 3055 Hill Roag, Eagle, Idaho 83616 I Notary Public for Idaho the following described premises, to-wil: Residingit Boise, 10 Conuneneing at the Southeast comer of See lion 10, Township 4 North, Range I East, Boise My Commission expires: ~ ) .1/11 Meridian, Ada County, Idaho. ( I Thence North along the Section line 52.00 feet to an iron pin; Then<:e Nort1163 degrees 30' Wesl along the Soutl1em boundary of Rill Road 264.00 fee.! 10 an iron bolt, lhe True Point Of Beginning; . ," Thence South 6 degrees 12' West along tbe East side qfa small ditcb 145.5 feet to an iron pipe; TIlence South 90 degrees 04' West along the Sectio!) line 220.90 feet to a wooden Slake; Thence North 233.11 feel,to a wooden Slake; Thence South 69 degrees 30' East, 252.60 feelt" the True Point Of Beginning Note: Exhibit A is available' for review during normal business hours at Eagle City Hall, 660 E. Civic Lane, Eagle ID 836~6.