Ordinance - 2008 - 612 - Rezone Mission Subdivision - 10/21/2008
ORDINANCE NO. 612
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL) CLASSIFICATION TO
CBD (CENTRAL BUSINESS DISTRICT); 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 owners of the real properties situated within the City of Eagle and particularly
described in Exhibits "AI", "A2", "A3", and "A4" of this ordinance have requested, in writing, a
rezone from R-4 to CBD; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on July 7,2008, 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 September 9, 2008, on the proposed zoning for the real properties described in
Exhibits "AI", "A2", "A3", and "A4" as required by Section 67-6509, Idaho Code, made
findings and determined that the requested zoning classification of CBD for the properties
described in Exhibits "AI", "A2", "A3", and "A4" 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 properties particularly described in Exhibits "AI", "A2", "A3", and "A4" be removed
from the R-4 (Residential) zoning classification and included in the CBD (Central Business
District) 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:ICOUNCILIDrafl Ordinance.IOrd 612 coelho.doc
Section 2: The described real properties generally as shown on Exhibit "B" and located as
specifically described in the attached legal descriptions of Exhibits "AI", "A2", "A3", and "A4"
all situated in the City of Eagle, Ada County, Idaho, are hereby removed from the R-4
(Residential) zoning classification and the real properties described in Exhibits "AI", "A2",
"A3", and "A4" are hereby included in the CBD (Central Business District) 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 (I) publication ofthe ordinance in the official newspaper of the City.
DATED this 21st day of October 2008.
ATTEST:
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Sharon . Bergmann, Eagle City lerk
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Page 2 of2
K:ICOUNCILIDrafl Ordinance.IOrd 612 coelho. doc
LEGAL DESCRIPTION
FOR RE-ZONING
LOT 1, BLOCK 1, MISSION SUBDIVISION
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A parcel of land for the purpose of re-zoning being Lot 1, Block 1, of Mission
Subdivision as recorded in Plat Book 22 at Pages 1428 and 1429 official records of Ada
County, Idaho and a portion of the West right-of-way of North 1 SI Street and situated in
the Northwest 1/4 of the Southwest 1/4 of Section 9, Township 4 North, Range lEast,
Boise Meridian, City of Eagle, Ada County, Idaho and further described as follows:
Commencing at a brass cap monument marking the West 1/4 comer of said Section 9,
thence along the West line of said Section 9 South 00038'34" West a distance 914.18
feet to a point, thence leaving said West line South 89021'26" East a distance of 179.95
feet to the Southwest corner of said Lot 1 and the POINT OF BEGINNING;
Thence along the West line of said Lot 1 North 00038'34" East a distance of90.01 feet
to the Northwest corner of said Lot I;
Thence leaving said West line and along the North line of said Lot 1 South 89021 '26"
East a distance of 149.96 feet to the Northeast corner of said Lot I;
Thence leaving said North line and continuing South 89021 '26" East a distance of
30.00 feet to a point on the centerline of said North 1 sl Street;
Thence along said centerline South 00038'34" West a distance of 90.01 feet to a point
on the line common to said Mission Subdivision and Carpenters Third Addition as
recorded in Plat Book 4 at Page 156, official records of said Ada County;
Thence leaving said center line and along said common line North 89021 '26" West a
distance of 30.00 feet, to the Southeast corner of said Lot 1;
Thence continuing along said common line North 89021 '26" West a distance of 149.96
feet to the POINT OF BEGINNING.
Said re-zone parcel contains 16,198 square feet or 0.37 acres more or less and is subject
to all existing easements and or rights-of-way of record or implied.
END OF DESCRIPTION
Kevin Sorensen, P.L.S.11120
Timberline Surveying
847 Park Centre Way Suite 3,
Nampa, Idaho 83651
(208) 465-5687
EXHIBIT "A1"
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Page I of I
LEGAL DESCRIPTION
FOR RE-ZONING
LOT 2, BLOCK 1, MISSION SUBDIVISION
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A parcel of land for the purpose of re-zoning being Lot 2, Block 1, of Mission
Subdivision as recorded in Plat Book 22 at Pages 1428 and 1429 official records of Ada
County, Idaho and a portion of the West right-of-way of North 1st Street and situated in
the Northwest 1/4 of the Southwest 1/4 of Section 9, Township 4 North, Range 1 East,
Boise Meridian, City of Eagle, Ada County, Idaho and further described as follows:
Commencing at a brass cap monument marking the West 1/4 comer of said Section 9,
thence along the West line of said Section 9 South 00038'34" West a distance 824.17
feet to a point, thence leaving said West line South 89021'26" East a distance of 179.95
feet to the Southwest corner of said Lot 2 and the POINT OF BEGINNING;
Thence along the West line of said Lot 2 North 00038'34" East a distance of90.0I feet
to a point marking the NOlthwest comer of said Lot 2;
Thence leaving said West line and along the North line of said Lot 2 South 89021'26"
East a distance of 149.96 feet to a point marking the Northeast comer of said Lot 2;
Thence leaving said North line South 89021'26" East a distance of30.00 feet to a point
on the centerline of said North 1 SI Street;
Thence along said centerline South 00038'34" West a distance of 90.01 feet to a point;
Thence leaving said centerline North 89021'26" West a distance of30.00 feet to the
Southeast corner of said Lot 2;
Thence along the South line of said Lot 2 NOl1h 89021'26" West a distance of 149.96
feet to the POINT OF BEGINNING.
Said re-zone parcel contains 16,198 square feet or 0.37 acres more or less and is subject
to all existing easements and or rights-of-way of record or implied..
END OF DESCRIPTION
Kevin Sorensen, P.L.S.11120
Timberline Surveying
847 Park Centre Way Suite 3,
Nampa, Idaho 83651
(208) 465-5687
EXHIBIT "A2"
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Page I of I
LEGAL DESCRIPTION
FOR RE-ZONING
LOT 1, BLOCK 2, MISSION SUBDIVISION
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A parcel of land for the purpose of re-zoning being Lot 1, Block 2, of Mission
Subdivision as recorded in Plat Book 22 at Pages 1428 and 1429 official records of Ada
County, Idaho and a portion of the East light-of-way of North I5t Street and situated in
the Northwest 1/4 of the Southwest 1/4 of Section 9, Township 4 North, Range 1 East,
Boise Meridian, City of Eagle, Ada County, Idaho and further described as follows:
Commencing at a brass cap monument marking the West 1/4 comer of said Section 9,
thence along the West line of said Section 9 South 00038'34" West a distance 914.18
feet to a point, thence leaving said West line South 89021'26" East a distance of 532.82
feet to the Southeast corner of said Mission Subdivision and the POINT OF
BEGINNING;
Thence along the line common to said Mission Subdivision and Carpenters Third
Addition as recorded in Plat Book 4 at Page 156, official records of said Ada County,
North 89021'26" West a distance of 147.90 feet to a point marking the Southwest
comer of said Lot 1;
Thence continuing along said common line North 89021'26" West a distance of25.00
feet to a point marking the intersection of said common line and the centerline of said
NOlih 15t Street;
Thence leaving said common line and along said centerline North 00038'34" East a
distance of 90.01 feet to a point;
Thence leaving said centerline South 89021 '26" East a distance of25.00 feet to a point
marking the Northwest corner of said Lot 1;
Thence along the North line of said Lot 1 South 89021'26" East a distance of 143.27
feet to a point marking the Northeast comer of said Lot 1 and on the West line of Eagle
Village No.2 Subdivision as recorded in Plat Book 44 at Pages 3613 and 3614 official
records of said Ada County;
Thence along the line common to said Mission Subdivision and said Eagle Village No.
2 Subdivision South 02018'19" East a distance of90.13 feet to the POINT OF
BEGINNING.
Said parcel contains 15,355 square feet 0.35 acres more or less and is subject to all
existing easements and or rights-of-way of record or implied.
END OF DESCRIPTION
Kevin Sorensen, P.L.S. 11102
Timberline Surveying
847 Park Centre Way Suite 3,
Nampa, Idaho 83651
(208) 465-5687
EXHIBIT IA3"
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LEGAL DESCRIPTION
FOR RE-ZONING
LOT 2, BLOCK 2, MISSION SUBDIVISION
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A parcel of land for the purpose of re-zoning being Lot 2, Block 2, of Mission
Subdivision as recorded in Plat Book 22 at Pages 1428 and 1429 official records of Ada
County, Idaho and a portion of the East right-of-way of North I Si Street and situated in
the Northwest 1/4 of the Southwest 1/4 of Section 9, Township 4 North, Range 1 East,
Boise Meridian, City of Eagle, Ada County, Idaho and further described as follows:
Commencing at a brass cap monument marking the West 1/4 comer of said Section 9,
thence along the West line of said Section 9 South 00038'34" West a distance 824.17
feet to a point, thence leaving said West line South 89021'26" East a distance of 528.18
feet to the Southeast corner of said Lot 2 and the POINT OF BEGINNING;
Thence along the South line of said Lot 2 North 89021 '26" West a distance of 143.27
feet to a point marking the Southwest comer of said Lot 2;
Thence continuing North 89021 '26" West a distance of25.00 feet to a point on the
centerline of said North 1 SI Street;
Thence along said centerline NOlih 00038'34" East a distance of90.0I feet to a point;
Thence leaving said centerline South 89021'26" East a distance of25.00 feet to a point
marking the Northwest comer of said Lot 2;
Thence along the North line of said Lot 2 South 89021'26" East a distance of 138.63
feet to a point marking the Northeast comer of said Lot 2 and on the West line of Eagle
Village No.2 Subdivision as recorded in Plat Book 44 at Pages 3613 and 3614 official
records of said Ada County;
Thence along the line common to said Mission Subdivision and said Eagle Village No.
2 Subdivision South 02018'19" East a distance of90.13 feet to the POINT OF
BEGINNING.
Said parcel contains 14,937 square feet 0.34 acres more or less and is subject to all
existing easements and or rights-of-way of record or implied.
END OF DESCRIPTION
Kevin Sorensen, P.L.S. 11102
Timberline Surveying
847 Park Centre Way Suite 3,
Nampa, Idaho 83651
(208) 465-5687
EXHIBIT IA4"
U:\TS-08\1D ADA 08024 411 09 NIBLETT\stlrvey\legals\LtUAL LJESCRIPTION FOR RE ZONE LOT 2 BLOCK 2 KNS.doc
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RECEIVED & FILED
CITY OF EAGLE
OCT 3 1 2008
Valley Times File:
P.O. Box 1790 - Eagle, Idaho 83616 Route tn.
LEGAL ADVERTISING PROOF OF PUBLICATION
Identification: 61/1_61-c ct n Lit—
Account
.'t
Account: (ILI-) 1� EQ
%t.) e C4, Lan.
Calk(
Address:
Attention:
October 27, 2008
Run Dates:
tl3
(V0 , ( 11 -
October 27, 2008
-1=1
(Continued from
Exhib
LEGAL DES.
FOR RE -1
LOT 2, BLOCK 2, MIS.
A parcel of land for the purpose of re -zoning
Subdivision as recorded in Plat Book 22 at P
County, Idaho and a portion of the East rigia
the Northwest 1/4 of the Southwest 1/4 of Sc
Boise Meridian, City of Eagle, Ada County,
Legal Notices
ORDINANCE NO. 612 i; -21-0
AN ORDINANCE CHANGING THE ZONING CLASSJF1CATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL) CLASSIFICATION TO
CBD OF EAGLE
O LREFLECT SAID S DISTRICT);
GE; AND PRO DINING THE G ANE NING ECTiVVE P OF DATED
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 owners of the real properties situated within the City of Eagle and particularly
described in Exhibits "Al", "A2", "A3", and "A4" of this ordinance have requested, in writing, a
rezone from R-4 to CBD; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law; held a public hearing on July 7, 2006, as required by Section 67-6509, Idaho
Code, and made a recommendation to the Mayor and Council; and
Commencing at a brass cap monument mark
thence along the West line of said Section 9
feet to a point, thence leaving said West line
feet to the Southeast corner of said Lot 2 ate
Thence along the South line of said Lot 2 N
feet to a point marking the Southwest corns
Thence continuing North 89°21'26" West a
centerline of said North 1" Street;
Thence along said centerline North 00°38'3
Thence leaving said centerline South 89°21
maeing the NorthwestNorth line of said Lot Thenced Lot 1
along Lot 2
feet to a point marking the Northeast come
Village No. 2 Subdivision as recorded in P
records of said Ada County;
Thence alongthe line common to said Mist
2 Subdivision South 02°18119" East a distal
BEGINNING.
Said parcel contains 14,937 square feet 0.3
existing easements and or rights-of-way of
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
is
fop s described
hearing on September 9, 2008, on the proposed zaniingSfo the teal properties Code, in
Exhibits "Al", "A2", "A3", and "A4" as required by made
findings and determined that the equested zoning c tassi1eaten of CBD for the propertiesto meet the requirements of
described in Exhibits "Al", "A2", "A3", and "A4" is appropriate
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 hi the best interests of the
public health, safety, and welfare of the City of Eagle and the residents and property therein that
the real properties particularly described in Exhibits "Al", "A2", "A3", and "A4" be removed
from the R-4 (Residential) zoning classification and included in the CBD (Central Business
District) zoning classification pursuant to.the Zoning Ordinance of the City of Eagle. The City
Council further fords and determines that said zone change is in accordance with the Eagle
Comprehensive Plan and relevant City Codes.
Section 2: The described real properties generally as shown on Exhibit "B" and located as
specifically described in the attached legal descriptions of Exhibits "Al", "A2", "A3", and "A4"
all situated in the City of Eagle, Ada County, Idaho, are hereby removed from the R-4
(Residential) zoning classification and the real- properties described in Exhibits "Al", "A2",
"A3", and "A4" are hereby included ih the CBD (Central Business District) 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 shalt 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.
END OF DESCRIPTION DATED this 21st day of October 2008.
r r OUNC1L OF THE CITY OF EAGLE
Kevin Sorensen, P.L.S. 11102 Ada Coon IdahoTimberline Surveying `
847 Park Centre Way Suite 3,
Nampa, Idaho 83651
(208) 465-5687
Exhibit B is available for review at Eagle,
P ii Bendy, yor
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LOT 1
A parcel of land fdr the pu
Subdivision as recorded it
County, Idaho and a pori+
The Northwest 1/4 of the
Boise Meridian, City of E
Commencing at a brass C
thence along the West lin
feet to a point, thence les
feet to the Southwest cor
Thence along the West f
to a point markingtheN
Thence leaving said We
East a distance of 149.91
Thence leaving said Not
on the centerline of sail
Thence along said cente
Thence leaving said Ger
Southeast comer of saic
Thence along the South'
feet to the POINT OF
Said re -zone parcel cot
to all existing easemen
END OF DESCRIPTII
Kevin Sorensen, P.L 8
Timberline Surveying
847 Park Centre Way
Nampa, Idaho 83651
(208) 465-5687
A parcel of land for ti
Subdivision as record
County, Idaho and a i
the Northwest 1/4 of
Boise Meridian, City
C\ Commencing at a bre
thence along the We