Ordinance - 2010 - 619 - Rezone/Three Oaks Plaza - 01/12/2010
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 01/28/10 11:48 AM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City 01 Eagle
AMOUNT .00
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110008345
ORDINANCE NO. 619
AN ORDINANCE CHANGING THE ZONING CLASSIFICA nON OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL) CLASSIFICATION TO
CBD-DA (CENTRAL BUSINESS DISTRICT WITH A DEVELOPMENT AGREEMENT);
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 235, 247, 265, and 403 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 October 6, 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 November 21, 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)
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K:\COUNCILIDrafl Ordin.nces\Ord 619 Three Oaks Plaz..doc
zoning classification and included in the CBD-DA (Central Business District 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.
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 R-4 (Residential) zoning classification
and the real property described in Exhibit "A" is hereby included in the CBD-DA (Central
Business District 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 lih day of January 2010.
ATTEST:
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K:\COUNCILIDrafl Ordinances\Ord 619 Three Oaks Plaza. doc
STATE OF IDAHO)
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County of Ada )
On this /L3 day of a , in the year ~/O , before me, the undersigned, a
Notary Public in and for said State, p rsonallyappeared PI)!! 6Iln"f!c. and
ShlJroYJ K. Bergmann , known to me to be the MAYOR and CIT CLERK of said
municipal corporatIOn that executed this instrument and the persons who executed the said
instrument on behalf of said corporation, and acknowledged to me that such corporation executed
the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
first written.
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K:\COUNC1LIDraft Ordinances\Ord 619 Three Oaks Plaza doc
EXHIBIT "A"
RECEIVED & FILED
CITY OF EAGLE
~
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AUG 2 1 2008
THE LAND GROUP, If'lC.
February 14,2008
Project No. 06363
Rezone Legal Description
COlTONWOOD CAPITAL
3.87 acres
File:
Route to:
A tract ofland situated in the Southeast One Quarter of the Southeast One Quarter of Section 8
and the Northeast One Quarter of the Northeast One Quarter of Section 17, Township 4 North,
Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, described as follows:
Commencing at a found brass cap monumenting the East One Quarter Comer of said Section 8,
which bears North 01003 '33" East a distance of 2,636.53 feet from a found Aluminum Cap
monumenting the Southeast Comer of said Section 8. thence following the easterly line of the
Southeast One Quarter of said Section 8, South 01003'33" West a distance of 2,263.32 feet to a
point being the POINT OF BEGINNING.
Thence following said easterly line South 01003 '33" West a distance of 260.06 feet to a
point which bears North 01003'33" East a distance of 113.15 feet from said Aluminum
cap monumenting the Southeast Comer of Section 8;
Thence leaving said easterly line South 64043'20" West a distance of 548.40 feet to a
point;
Thence South 88014'20" West a distance of 127.30 feet to a found 5/8-inch steel pin;
Thence North 34001'13 East a distance of374.81 feet to a found 5/8-inch steel pin;
Thence North 29050'46" East a distance of 85.58 feet to a point;
Thence North 35030'24" East a distance of30.33 feet to a point;
Thence North 35028'24" East a distance of 60.76 feet to a point;
Thence North 32057'12" East a distance of 53.00 feet to a point;
Thence South 88056'29" East a distance of293.99 feet to the POINT OF BEGINNING.
The above-described tract ofland contains 3.87 acres, more or less, subject to all existing
easements and rights-of-way.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE. IDAHO 83616
208-939-4041
208-939~4445 (FAX)
,
LJl/drcape ArrbiledHIY . Site PioN/liNg. eM, EllJ',illUril1J', . Golf Co/me Inigotiol1 & ENgti/eeriJIJ', . Gl"llp1Jir Commlflncoffo//
462 E. Shore Drive, Sre. 100, Eagle, Idaho 83616. P 208.939.4041 F 208.939.4445. W\V\v.rhclfllldgroupiIlc,com
G: \2006\ 06363 \Admin \Legal5 \L_06363_ 080207,doc
Vicinity Ma~
EXHIBIT "B"
Listed below
RECEIVED & FILED
CITY OF EAGLE
AUG '2 1 2008
File:
Route to:
N
SCALE 1 : 2,563 A
r--' ~ ~ I t
200 0 200 400 600
FEET
021 W///IQ s r'Cv�4
O' 9)1411D
Tracy Osborn
From: Tracy Osborn
Sent: Thursday, January 14, 2010 10:31 AM
To: Valley Times (editor@valleytimesidaho.com)
Subject: Odinance 619
Attachments: Ordinance 619.PDF
Please publish the attached ordinance one time only on January 18, 2009.
Thank you.
Tracy E. Osborn, CMC
Sr. Deputy Clerk/Treasurer
City of Eagle, ID
208-939-6813
**Starting July 6, 2009 Eagle City Hall will be open Monday - Thursday 7:00 am - 6:00 p.nr. Closed on Fridays**
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