Ordinance - 2008 - 604 - Change Zone Nyborg - 06/10/2008
ORDINANCE NO. 604
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL - RESIDENTIAL)
CLASSIFICATION TO R-E-DA (RESIDENTIAL - ESTATES WITH A DEVELOPMENT
AGREEMENT) ZONING 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" ofthis ordinance has requested, in writing, a rezone from A-R to R-E-
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 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 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) 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.
Page 1 of2
K:\COUNCILIDr.fl Ordin.neeslOrd 604 Nyborg.doe
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 R-E-DA
(Residential- Estates with a 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 10th day of June 2008.
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Page 2 of2
KICOUNCILIDraft Ordinance,lOrd 604 Nyborg.doc
EXHIBIT "N' I _, FILED
EAGLE
'"'''' v j 2007
File:
Route to: A gust 07, 2007
PROPERTY DESCRIPTION
NYBORG REZONE
A-R to R-E
Property located in the NW Y4 of the SE Y4 of the NE Y4 of Section 07, Township 4 North,
Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows;
The South 305 feet of Lots 15 and 16 of Bakers' Acres Subdivision, records of Ada
County, Idaho, including right of way to the centerline of Hereford Drive and Ballantyne
Road.
This properties contains 4.78 acres, more or less, and is subject to any easements existing
or ill use.
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RECEIVED & Flteo
CITY OF EAGLE
JUL G 2 2008
Valley Times Fi/e:_
P.O. Box 1790 - Eagle, Idaho 83616 I Route to:_ -j
LEGAL ADVERTISING PROOF OF PUBLICATION
Account G..:+j oF- k("(~ Identification: (),I\...~L: ^ UVl Lt. .No -Cc,()L/
3 ~t\~ '~-30'O r
Address: to(n () E - ((vl'- Run Dates:
l; c.1L ~ .A..t ( If)
~ Y3 c., r L flY Amount~ GO
Number Lines
--- .----- -- - Other
June 30, 2008 - ~
--- --. --
Frank Thomason, being duly sworn, deposes
L I N t . and says: That he is the Principal Clerk of
e g a 0 I C e s ; lIey Times, a weekly newspaper published at
ORDINANCE NO. 604 Igle, Ada County, State of Idaho; that the said
lewspaper is in general circulation in the said
AN ORDINA:'1CE CHANGING THE ZONING CLASSIFICATION OF 11m REAL County of Ada, and in the vicinity of Meridian,
PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL - RESIDENTIAL) :tar, and Eagle, and has been uninterruptedly
CLASSIFICA nON TO R-E-DA (RESIDENTIAL - ESTATES WITH A DEVELOPMENT published in said County during a period of
AGREEMENT) ZONING CLASSIFlCA nON; AMENDING THE ZONING MAP OF THE
CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING AN EFFEC11VE mty-eight consecutive weeks prior to the first
DATE, 'on of this notice, a copy of which is attached
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under ereto, and that the notice was published in
the laws of the State of Idaho; and ' Times, in conformity with Sectior 60-108,
Jaho Code, as amended, for _ time(s)
WHEREAS. pursuant to Chapter 65. Title 67. Idaho Code, the City of Eagle hils the authority to r regular and entire issue of said paper, and
adopt, establish and amend a Zoning Ordinance; and I inted in the newspaper proper, and not in a
WHEREAS. the O\\'Iler of the real property situated within the City of Eagle and particularly Ilement; and that said notice was published
described in Exhibit "A" of this ordinance has requested, in writing, a rezone from A-R to R-B- I -- on the following dfes:
DA; and eginning J u ""-R. )0 "'2-DO
WHEREAS, the Planning and Zoning Commission ofthe City, pursuant to public notice as ? '
required by law, held a public hearing on October 1,2007, as required by Section 67-6509,ldaho
Code, and made a recommendation to the Mayor and Council; and J U./'.,...~_. LCJof
WHEREAS, the Eagle City Council. pursuant to public notice as required by law, held a public ::nding ~O
hearing on January 8, 2008, on the proposed zoning for the real property described in Exhibit 3 1\ o--.-J-J Th-,~
"A" as required by Section 67-6509, Idaho Code, made findings and determined that the
requested 7.oning classification of R-E-DA for the property described in Exhibit "An is
appropriate to meet the requirements of Idaho Code, Eagle City C~e and the Eagle STATE OF IDAHO)
Comprehensive Plan and is hereby granted.
)SS
NOW TIlEREFORE, BE IT ORDAINED BY TIlE MAYOR ANO COUNCIL OF llIE C'TY ~OUNTY OF ADA)
OF EAGLE. IDAHO, AS FOLLOWS, L d f . th f 2008
_ ayo In eyearo
Sedion 1: The City Council hereby finds and detennines that it is in the best interests of the 'e me, a Notary Pub!" ,personally appeared
public health, safety, and welfare of the City of Eagle and the residents and property therein that I known or identified to me to be the person
the real property particularly described in Exhibit "An be removed from the A-R (Agricultural -'. 'bed . . .
Residential) zoning classification and included in the R-E-DA (Residential - Estates with a lame IS subscn to the WithIn Instrument,
development agreement) zoning classification pursuant to the Zoning Ordinance of the City of ing by me fi t duly sworn, declared that the
Eagle. The City Council further finds and detennines thai said ;wne change is in accordance with !rein are tru r nd acknowledged to me that
the Eagle Comprehensive Plan and relevant City Codes. ~ he executed the same.
Section 2: The described real property generally as shown on Exhibit "Bn and located as ~
specifically described in the attached legal description Exhibit "An all situated in tbe City. of Notary Public for Idaho
Eagle, Ada County, Idaho, is hereby removed from the A-R (Agricultural - Residential) 7.oning
classification and the real property described in Exhibit "A" is hereby included in the R-E-DA Residin~t B~si' 10
(Residential- Estates with a development agreement) zoning classification. My Commission expires: i) 1A /
, I
Sectio1l3: The official Zoning Map ofthc City of Eagle, Idaho, is hereby amended to reflect the