Ordinance - 2008 - 610 - Rezone Art Of Frame - 09/09/2008
ORDINANCE NO. 610
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL - UP TO FOUR DWELLING
UNITS PER ACRE) CLASSIFICATION TO CBD-DA (CENTRAL BUSINESS DISTRICT
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 R-4 to CBD-
DA; and
WHEREAS, the property described in Exhibit "A" is located at 179 South Eagle Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on May 5, 2008, 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 June 10, 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 CBD-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 R-4 (Residential- up
to four dwelling units per acre) zoning classification and included in the CBD-DA (Central
Business District with 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.
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
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K:ICOUNCILIDraft OrdinanceslOrd 610 Art ofFrarning.doc
Eagle, Ada County, Idaho, is hereby removed from the R-4 (Residential - up to four dwelling
units per acre) zoning classification and the real property described in Exhibit "A" is hereby
included in the CBD-DA (Central Business District 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 9th day of September 2008.
CITY COUNCIL OF THE CITY OF EAGLE
da 0 IT, Idaho
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ATTEST:
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~haron K. Bergmann, Eagle City CI k
Page 2 of2
K:ICOUNCILIDraft OrdinanceslOrd 610 Art ofFraming.doc
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EXHIBIT "A"
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287495
EXHIBIT A
The North 50 feet of the lot, piece or parcel of land particularly described as follows to wit;
Commencing at a point 290 feet South of the Southeast comer of Block 1 of Aiken I s Second Addition to Eagle, in
Section 8, Township 4 North, Range I East of Boise Meridian; thence
West 130 feef; thence
South 150 feet; thence
East 130 feet; thence
North 150 feet to the PLACE OF BEGINNING.
AND
Commencing at a point 290 feet South and 130 feet West of the Southeast comer of81ock 1 of Aiken's Second
Addition to Eagle, in Section 8, Tov,'Tlship 4 Nol1h, Range I East, Boise Meridian; thence
South 50 feet; thence
West 50 feet more or less to a drain ditch; thence in a North-Easterly direction along the East side of said drain
ditch to a point directly West of the PLACE OF BEGINNING; thence
East 20 feet, more or less, to the PLACE OF BEGINNING_
PARCEL NO. 05 S0508449710
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EXHIBIT "B"
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STATE
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PLAZA
Tracy Osborn
From: Tracy Osborn
Sent: Thursday, September 18, 2008 12:30 PM
To: 'Valley Times'
Subject: Ordinance No. 610
Attachments: Ordinance No 610.pdf
Please publish this ordinance one time only on Sept. 22", with a note stating that "Exhibit B may be viewed at
Eagle City Hall, 660 E. Civic Ln. Eagle, Idaho, during normal business hours."
Thank you
Tracy E. Osborn, CMC
Sr. Deputy Clerk/Treasurer
City of Eagle, ID
208-939-6813
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