Ordinance - 2008 - 615 - Rezone Spoons - 09/09/2008
ORDINANCE NO. 615
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 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 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 221 South Eagle Road; and
WHEREAS, the Planning and Zoning Commission ofthe City, pursuant to public notice as
required by law, held a public hearing on April 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 May 13, 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
Page 1 of2
K:ICOUNCILIDraft OrdinanceslOrd 615 Spoons. 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 CnUNCIL OF THE CITY OF EAGLE
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Ada County, daho
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Page 2 of2
K:ICOUNC1LIDraft OrdinanceslOrd 615 Spoons. doc
EXHIBIT "B"
AIKENS
PLAZA
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Corrected legal description
EXHIBIT" A"
That portion of the Southeast quarter of the Southeast quarter of Section 8, Township 4 North,
Range 1 East of the Boise Meridian, Ada County, Idaho, described as follows:
Commencing at a point, on the East line of said Section 8 of Township 4 North, Range 1 East,
located 373.20 feet North of the Southeast comer of said section 8, said point also being the
REAL POINT OF BEGINNING; thence
North, along the East line of said Section 8, a distance of 50 feet; thence
West a distance of 260 feet, more or less, to a point on the Easterly bank of a drain ditch; thence
Southwesterly, along the Easterly bank of said drain ditch, to a point which is due West from the
Point of Beginning; thence
East a distance of265 feet, more or less, to the REAL POINT OF BEGINNING.
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Page 2 of2
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
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November 24, 2008
Legal Notices
ORDINANCE NO. 615
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 amunicipal 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 owner of the real property situated within the City of Eagle and particularly
described nr Exhibit "A", of this ordinance has requested, m writing, a rezone from R-4 to CBD -
DA; and
1E WHEREAS, the property described in Exhibit "A" is located at 221 South Eagle Road; and
U WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, old a public hearing on April 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 May 13. 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
c 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
1 hereby granted.
P NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF' THE CITY
OF EAGLE, IDAHO, AS FOLLOWS:
Section I; 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 die 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
f
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 (Centrad 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
fnmeaninsr, hsmor in.7nnino elaeeifiratinn
RECEIVED & FILED
CITY OF EAGLE
DEC 0 4 2008
File.
Route to
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2 Amount I U1 9 2 -
iomason, being duly sworn, deposes
rays: That he is the Principal Clerk of
es, a Weekly newspaper published at
1 County, State of Idaho; that the said
ser is in general circulation in the said
Ada, and in the vicinity of Meridian,
Eagle, and has been uninterruptedly
ed in said County during a period of
t consecutive weeks prior to the first
s notice, a copy of which is attached
and that the notice was published in
s, in conformity with Section 60-108,
,ode, as amended, for 1 time(s)
r and entire issue of said paper, and
1 the newspaper proper, and not in a
t and that said notice was published
on the following dates:
ig t'/ON/Q.-mbar 24 -2_00
2
o✓e,„h_e
canard / k e-rn c'" civ../
STATE OF IDAHO )
)SS
COUNTY OF ADA)
day of —A-04 in the year of 2008
a Notary Public, personalty appeared
m or identified to me to be the person
s su • r 'bed to the within instrument,
melt duly swom, declared that the
re _;, • acknowledged to me that
executed the same.
Notary Public for Idaho
Residing at Bpis9, ID
.ommission expires: 5.- 17 ` 1.