Ordinance - 2020 - 821 - Rezone 10201 N Horseshoe Bend Rd - 03/10/2020 ORDINANCE NO. 821
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-1 (RESIDENTIAL) TO C-1-DA
(NEIGHBORHOOD BUSINESS DISI'RICT WITH A DEVELOPMENT AGREEMENT);
AMENDING THE ZONING MAP OF THS CITY OF EAGLE TO REFLECT SAID CHANGE;
AND PROVIDING AN EFFECTIVE DAlE.
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, Jerron and Margie Porchia, 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-1 (Residential) to C-1-DA (Neighborhood Business District with a development
agreement); and
WHEREAS, the property described in Exhibit "A" is located at 10201 North Horseshoe Bend
Road, Boise, Idaho; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on September 3, 2019, 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 October 8, 2019, 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 C-1-DA (Neighborhood Business District with a development
agreement) 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 the real property particularly
described in Exhibit "A" be removed from the R-1 (Residential) zoning classification and
included in the C-1-DA (Neighborhood 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.
Page 1 of 2
K:\COIJNCIL\Draft Ordinances\ORD 821 Stadium View.doc
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-1 (Residential) zoning classification
and the real property described in Exhibit "A" is hereby included in the C-1-DA (Neighborhood
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 10th day of March 2020.
CITY COUNCIL OF THE CITY OF EAGLE
Ada ounty, Idaho('
Jason -rce, Mayor
ATTEST:
�. .� K
`Sharon K. Bergmann, Eagle City Clerk
Page 2 of 2
K:\COUNCIL\Draft Ordinances\ORD 821 Stadium View doc
&QI
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of Section 10, Township 4 North, Range 1 East, Boise Meridian, Ada County; Idaho, more particularly
descried as follows:
From the Southeast comer of Section 10, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho which
is a brass plat installed in State Highway No. 15, and nit 10`11115'14 and running; thence
North 1319.8 feet to the Southeast corner of the Northeast quarter of the Southeast quarter, Section 10, Township 4
North, Range 1 East, Boise MeWian, Ada County, Idaho, the Real Point Beginning; thence
North 288.95 feet to an iron pin; thence
South 88°10' West 443.4 feet to an iron on, at the right-of-way fence of the Farmers Union Canal; thence
South 32030' East along the right-of-way fence 328.9 feet to an iron On; thence
North 89°30' East 266.3 feet to the Point of Beginning.
Also
That certain property in the South half of the Southeast quarter of Section 10, Township 4 North Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly dulled as follows:
Commencing at the Northeast comer of the South half of the Southeast quarter of the aforesaid Section 10; thence
running
West along the Northerly boundary of said South half of the Southeast quarter of said Section 10, a distance of
254.00 feet to the Easterly boundary of the Fanner's Union Canal; thence
Southerly along the Easily boundary of said Canal a distance of 331.9 feet to pant of the Easterly boundary One of
said Section 10 which point is 216.8 feet South of the Northeast comer of the South half of the Southeast quarter of
the aforesaid Section 10; them
North a distance of 216.8 feet along the Easterly boundary line of said Section 10, to the Pant of Beginning.
Except Ditch and Road Rights -of -Way.
To have and to hold the said premises, unto the said grantees, heirs and assigns forever.
This map is a user generated static output from an Internet mapping site and is for general reference only.Data layers that appear on this map may or may
Ada County Assessor not be accurate,current,or otherwise reliable.THIS MAP IS NOT TO BE USED FOR NAVIGATION OR LEGAL PURPOSES.
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Idaho Statesman
Keeping you connected I IdahoStatesman.com
Page 1 of 4
Order Confirmation
Customer
Payor Customer
CITY OF EAGLE / LEGALS
CITY OF EAGLE / LEGALS
Customer Account
Payor Account
263905
263905
Customer Address
Payor Address
PO BOX 1520
PO BOX 1520
EAGLE ID 83616 USA
EAGLE ID 83616 USA
Customer Phone
Payor Phone
208-939-6813
208-939-6813
Customer Fax
Customer EMail
208-939-6827
krekow@cityofeagle.org , tosbornCc
Sales Rea
Order Taker
bjantzen@mcclatchy.com
bjantzen@mcclatchy.com
PO Number Payment Method Blind Box Tear Sheets Proofs
Affidavits
ORD 821 Stadium View Invoice
1 0
1
Net Amount Tax Amount
Total Amount Payment Amount
Amount Due
$191.60 $0.00
$191.60 $0.00
$191.60
Ad Order Number Order Source
Ordered By Special Pricinq
0004599894
Tracy E. Osborn
Invoice Text
Promo Type
ORD 821 Stadium View
Package Buy
Materials
Page 1 of 4
�r 'o rt iatio;�
Ad Number Ad Type
0004599894-01 BOI-Legal Liner
External Ad Number
Ad Size
2 X 110 Ii
Product
BOI-Idaho Statesman
Production Method
AdBooker
Ad Attributes
Color
Placement
0300 - Legals Classified
Production Notes
Ad Released Pick Up
No
Times Run
1
Run Schedule Invoice Text Position
ORDINANCE NO. 821 AN ORDINANCE CHANGINI 0301 - Legals & Public Notices
Run Dates
03/17/2020
Page 2 of 4
Schedule Cost
$191.60
ORDINANCE NO. 82,L,
AM ORDINANC'W CHANGING THE ZONING r _S-WICAWN OF THE
REAL PROPERTY DESCRIBED HEREIN FROPh , i [RESIDENTIAL) TO
C WTH A DEVELOP -
11 -1 -DA INEIGHBORHOOD BUSINESS, DISTRICT Wl
IMENT AGREIEPAENTt: AMENDING THE ZONWG' MAP OF ME CITY O�
EAGLE TO REFLECT SAID CHANGE; AND PROVI[NNG AN EFFECTIVE
DATF.
V#'Hc�'F,; AS, the Cit, at Eagle, Idaho is a municipal corporation organ
lend dnd weating ower the laves of the State of Idaho; and
Vili.1-RFAS, pursuant To Chapter 65, Title 67, Idaho Code,, the Ci fit
Eagle has the autmriV to adopt. establish and am( 81 4,
riance: and
W I IFR7A.S, Jerron a.,YJ Margie Porchia, the owner of the rp.ai proper-
ty Situated within tie City of Eagle and Particularly described in Ex --
Mbit "A' of this ordinance has requested: in writing', a rezone from R-
I i'Resideritial) to C -1 -DA Neighborhood Business District with a de-
,Yelppment agreemerit); and
WHEWEAS, the property described in Exhibit "Ais located at 10201
North Horseshoe Bond Road, Boise, Idaho; and
INHEREAS, the Plannirg and Zoning Commission at the City, pur,
suant to public notice as required by late, held a public hearing on
September 3, 2019, as required by SeVion 67-6509, Idaho Code,
and made a recommendation to the Maynr and Council; and
'NHERiAS, the Eagle City Council, pursuant to public notice as re-
hi=red by law, held a lwUN, hearin , on October 8, 2019, on the pro-
posed zoning for the roal property described in Exhibit "A" as, re-
qyjed by, Secticn 67-65619, Idaho Cocle, made findings and deter
�Tllrled that the reqUeqE,d 100111e, classification of C -1 -DA $1eighbor-
rinid Business District with a development agreemk,,�rit) for the prop-
erty descr,bed in Exhibit 'A' ;s appropriate to meet tie requirements
at Idano Code, Eagle City Code and the Eagle Comprehensive Flan
Wn
and I is her pby it i nfied
NOV,' 'HEREFORE, BE 11 MANED BY THE MAYOR AM C(XJNCIL
C. -F THE CITY OF EAGLE, IDAHO, AS FOLLO106;
Section 1,. The. Cit, Ck)uncil hereby finds and clot-eirrinimps t1'iat the
real property particularly, described in Exhibit 'A' be removed from
the R-1. tResideritial) zonim classikatmn and included in the C -1 -DA
�,Neighhxirhood Buckiness 'Sistfict '411 a de,clop ment areementl
zoning classification pursuant to the Zoning Ordinance of City citEagle, The City Council farther finds and ete-mines that sa§d zone
chanRp. :s in accordaniCe with the Fagle Comprehensive Plan and rel-
evant City Codes.
Section 2; The described real property, generally as shorwn on Ex-
hibit "ll" avd located as swificaliv described in the attached legal
description Exhibit "A" all situated in the Citynt Eagle, Ada County,
Idaho, is hereby removed from the R-1 (ResidenhaD zoning classifica-
tio,it and the real property described in Exhibit 'A" is hereby irckAed
,,n the C -1 -DA (Neigtitiorhood Business District with a development
agreement} zoning classification.
Section 3: The official ZoningMap of the City of Eagle, Idaho, is
hereby amended to reflert the oregoing change in zoning classifica-
tion.
Section 4: f.is ordwiance sha'! take effect arid be in force fiorn
and afr,e - -sage -
r its pils � approval, and one III � publication of the ofdi
Bance in the official nev.-spaper at the City.
rxkzibil B way be viewed during regiy-'ar business hours at Eaple City
Hall, 660 FF. plivic ['arfe.
DATED this ICU da- of March 2020.
CITY C0JNCiL OF ?�E CITY OF EAGLE
Ada County, Ids ho ATTFST:
/S/ ason Pierce /s/ Sharon K. Bergmann
Jason �erce, Vayw
ATTFST:11-'�,/ Sharon K, Bergi-narin
Sharon K. Bergmann E I City Clerk
ORbAN'C1i'_'821- EXHIBIT -W
L,Fr,Aj_ DFSGRIP70N
Thpfollowin described remises:
A vortwn! of Section JU, 'fooN-flSl,-qp 4 North, Range I East, Boise
Mer 'dtan, Ada Cconty, Ida =c, more particularly described as folletwS:
Frow tp Southeast corner at Sectori 10, Trivinship 4 North, Range
-Last. Boise Meridian. Ada County-, Idaho which is a brass plat in•
�,Jalivd =ri State Highwa; No. 15. and marked 1011/1514 and run.
,iing, tence Nort&&. 5 feet to an Iran pin; thence
South 88.10' West 443.4 feet to an iron pin, at the right -of-way
fence 54 the Fariner's Onion Canal; thence Suuth32,30' East aVk8
the riohl-of-way fence 328.9 feet to an iron pin; thence
North 99.30' East 266.3 feet to the Point of Beginnrig.
Except Ditch and Road Rights -of -Way
ksn
That certain property in South hag at the Southeast quarter of Sec
tion Quarter 6 Section 10, T(ywrishio 4 North Range I East, Boise
Mor'd6an, Ada C(ninty, Idaho, more particolarly descry ed as follQvs:
'Commenctri, at the Northeast corner of the South halt of the South -
,east Quarter of the aforesaid Section 10; thence running
West along the Northerly boundary of said South half of the SnMh-
,P,9t ni iir*pr of x..90 !Wtion 10 A di�;Mnre of 2M W) fppr to this
Page 3 of 4
faster y boundary of the Farmer's Unim Car e mo ;
Sc,kither:y along the Easterly bounklary of s ,anat a distance at
41.9 feet to point of the eastern boundary one, of said Section 10
which t:cmt is 216.$ feet South o, the i`lotheast corner of the South
Half cab the Southeast quarter of the akresaid Swoon 10; thence
North a distance of 216.8 ,eet along the Easterly boundary i.ne of
said Sention Ii+. to the Flint of Beginning,
xcept Ditch and Road Rights -of -Ally,
fo have and to hole the said premises, unto the said grantees, he.=s
and assigns forever.
Page 4 of 4
Idaho Statesman
Keeping you connected IdahoStatesman.com
AFFIDAVIT OF PUBLICATION
Account#
Ad Number
I IdentificationP
Amount
cols
De th
263905
0004599894
ORDINANCE NO. 821 AN ORDINANCE CHANG
ORD 821 Stadium view
$191.60
2
10.67 In
Attention: Tracy E. Osborn
CITY OF EAGLE / LEGALS
PO BOX 1520
EAGLE, ID 83616
ORDINANCE NO. 821
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF 1HE
REA, PROPERTY DESCRIBED HEREIN FROM R-1 IRESIDENTIAL) TO
C -1 -DA. ',NEIGHBORHOOD BUSINESS DISTRICT WITH A DEVELOP-
MENT AGREEMENT,; AMENDING THE ZONING MAP OF THE CITY OF
EAGLE TO REFLECT SAID CHANGE; AND PROVIDING AN EFFECTIVE
DATE.
VIHEREAS, the City of Eagle, Idaho is a municipal corporation organ
ized and operating under the lawn of the State of Idaho; aril
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of
Eagle has the authority to adopt, establish and amend a Zoning Ordi
mice; and
WHEREAS, Jerron and Margie Porchia, the owner of the real proper-
ty situated within the City of Eagle and particularly described in Ex,
hibit "A` of this ordinance has requested, in writing, a rezone from R-
I {Residential) to C -1 -DA (Neighborhood Business District with a de-
velopment agreement): and
WHEREAS, the property described in Exhibit "A' is located at 10201
North Horseshoe Bend Road, Boise, Idaho; and
WHEREAS, the Planning and Zoning Commission of the City, pur
suant to public notice as required by law, held a public hearing on
September 3. 2019. 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 re-
quired by law, helot a public hearing on October 8, 2019, on the pro-
posed zoning for the.. real property described in Exhibit "A" as re-
quired by Section 6/-6509, Idaho Code, made findinggs and deter
mused that the requested zoning classification of C -1 - DA Meighbor-
hood Business District with a development agreement) for the prop-
erty described In Exhibit "A' is appropriate to meet the requirements
of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan
and is herebygranted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF EAGLE, IDAHO, AS FOLLCA'WS:
Section 1: The City Council hereby finds and determines that the
real orooerty particularly described in Exhibit "C' be removed from
the R-1 {Residential) zoning cfassficatton and incEuded in the C -1 -DA
(Neighborhood Business District with a development agreement!
zoning ciassitication 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 Eagfe Comprehensive Plan and rel-
evant City Codes.
Section 2: The described real property generally as shmvn on Ex-
hit)it "B'• and gocated as specifically described in the attached legal
description Exhibit "A" all situated in the City of Eagle, Ada County,
Idaho, is hereby remo%-ed from the R-1 IResidentiai) zoning classifica-
tion and the real property described in Exhibit "A' is hereby included
in the C -1 -DA (Neighborhood 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 classifica•
Ilan.
Section 4: This ordinance shall; take effect and be in force from
and after its passage. approval, and one 111 publication of the ordi-
nance in the official newspaper of the City.
Exhibit B may be viewed durestg regular business hours at Eagle City
Hall, 660 E. Civic Lane.
•r•
VICTORIA RODELA, being duly sworn,
deposes and says: That she is the
Principal Clerk of The Idaho
Statesman, a daily newspaper printed
and published at Boise, Ada County,
State of Idaho, and having a
general circulation therein, and which
said newspaper has been
continuously and uninterruptedly
published in said County during a
period of twelve consecutive months
prior to the first publication of the
notice, a copy of which is attached
hereto: that said notice was published
in The Idaho Statesman, in conformity
with Section 60-108, Idaho Code, as
amended, for:
Insertions
Beginning issue of: 03/17/2020
Ending issue of. 03/17/2020
(Legals Clerk)
On this 17th day of March in the year
of 2020 before me, a Notary Public:
personally appeared before me
Victoria Rodela known or identified to
me to be the person whose name
subscribed to the within instrument,
and being by first duly sworn,
declared that the statements therein
are true, and acknowledged to me
Notary Public in and for the state of
DATED this 10th day of March 2JL0. Texas, residing in Dallas County
CITY COUNCIL OF THE CITY OF EAGLE —
Ada Count, Idaho ATTEST: "aY.e; AMANDA DAWN GRlSHAM
f s/ Iason Pierce /s,.% Sharon K. Bergmann
Jason Pierce, Maya My Notary ID ## 132G31326
ATTEST:/s/ Sharon K. Bergmann P• y` 30, 2023
Sharon K. Bergmann, Eagle City Clerk "rE of+�- Expires May _ Extra charge for lost or duplicate affidavits.
ORDINANCE 821: EXHtf31T "A" l ""' Legal document please do not destroy!
L t rsaa- trtal.rcir s Kura
The following describedremises:
A portion of Section 10, Township 4 Norh Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly describ� as follows:
from the Southeast corner of Section 10, Township 4 North, Range
1 East, Boise Mend,an, Ada County, Idaho which is a brass plat in-
stalled in State Highwwaayy No. 15, and marked 10'11115'14 and run-
ning; thence North2iA5 feet to an iron pin; thence
South 88,10' West 443.4 feet to an ironpm, at the n�f�t -of-way
fence of the Farmer's Union Canal; thence Sousth32.30' East a�rng
the right-of-way fence 328.9 feet to an iron pin; thence
North 89.30' East 266.3 feet to the Point of Beginning.
Except Ditch and Road Rights -of -Way
Also
That certain pr erty in South half of the Southeast quarter of Sec
tion quarter of 5ecbon 10, Township 4 North Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows
Commencing at the Northeast comer of the South half of the South,
east quarter of the aforesaid Section 10; thence running
West along the Northerly boundary of said Smith half of the South-
east quarter of said Section 10, a distance of 254.00 feet to the
£asterty boundary of the Farmer's Union Canal; thence
Southerly along the Easterly boundary of said Canal a distance of
3319 feetto point of the easterly boundary line of said Section 10
which point is 216.8 feet South of the Notheast corner of the South
half of the Southeast quarter of the aforesaid Section 10; thence
North a distance of 216.8 feet along the Easterly boundary ane of
said Section 10, to the Point of Beginning.
Except Ditch and Road Rights -of -Way.
To have and to hold the said premises, unto the said grantees, heirs
and assigns forever.--
. 0459984.01