Ordinance - 2012 - 679 - Rezone/The Preserves - 09/25/2012 ORDINANCE NO.679
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY
DESCRIBED HEREIN FROM R-2-DA-P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT-
PUD) TO R-3-DA-P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT-PUD)
CLASSIFICATION AND FROM R-3-DA-P (RESIDENTIAL WITH A DEVELOPMENT
AGREEMENT-PUD) AND R-2-DA-P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT-
PUD) TO R-4-DA-P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT-PUB)
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-2-DA-P to R-3-DA-P; and
WHEREAS, the owner of the real property situated within the City of Eagle and particularly described in
Exhibit`B"of this ordinance has requested, in writing, a rezone from R-3-DA-P and R-2-DA-P to R-4-
DA-P; and
WHEREAS,the property described in Exhibit"A"and Exhibit`B"is generally located 650-feet west of
Linder Road and north of State Highway 44; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by
law,held a public hearing on June 20, 2011, 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
August 29, 2011, on the proposed zoning for the real property described in Exhibit"A"and Exhibit`B"as
required by Section 67-6509, Idaho Code, made findings and determined that the requested zoning
classification of R-3-DA-P for the property described in Exhibit "A" and the requested zoning
classification of R-4-DA-P for the property as described in Exhibit `B" is appropriate to meet the
requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and is hereby granted.
Page 1 of 2
K:\COUNCIL\Draft Ordinances Ord 679 The Preserve(Eaglefield).doc
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-2-DA-P (Residential with a development agreement-PUD) zoning
classification and included in the R-3-DA-P (Residential with a development agreement-PUD) 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 City Council hereby finds and determines that the real property particularly described in
Exhibit `B" be removed from the R-3-DA-P (Residential with a development agreement-PUD) and R-2-
DA-P (Residential with a development agreement-PUD) zoning classifications and included in the R-4-
DA-P (Residential with a development agreement-PUD) 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 3: The described real property generally as shown on Exhibit "C" 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-2-DA-P (Residential with a development agreement-PUD) zoning
classification and the real property described in Exhibit "A" is hereby included in the R-3-DA-P
(Residential with a development agreement-PUD)zoning classification.
Section 4: The described real property generally as shown on Exhibit "C" and located as specifically
described in the attached legal description Exhibit"B"all situated in the City of Eagle,Ada County, Idaho,
is hereby removed from the R-3-DA-P (Residential with a development agreement-PUD) zoning
classification and R-2-DA-P (Residential with a development agreement-PUD) zoning classifications and
the real property described in Exhibit `B" is hereby included in the R-4-DA-P (Residential with a
development agreement-PUD)zoning classification.
Section 5: The official Zoning Map of the City of Eagle,Idaho, is hereby amended to reflect the foregoing
change in zoning classification.
Section 6: 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. In lieu of publication of the entire
ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code,may be published.
DATED this 25th day of September 2012.
CITY COUNCIL OF THE CITY OF EAGLE
A t. County, Idaho /
%Ja' es D. Reynolds, ay.,' ;••wQ•••P, ••'••• `#�
•
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ATTEST: = f. o / ' •
s i O•
•— i / '.• • ••••�••• ••U. Off.
*
Sharon . Bergmann, Eagle City I lerk
Page 2 of 2
K:\COUNCIL\Draft Ordinances\Ord 679 The Preserve(Eagleleld).doc
Exhibit "A"
January 13,2011
DESCRIPTION FOR REZONE
R-2-DA-P ZONE TO R-3-DA-P ZONE
THE PRESERVE SUBDIVISION
(EAGLEFIELD ESTATES SUBDIVISION RESUBMITTAL)
A parcel of land being a portion of the SW 1/4 of the NE % of Section 11,T. 4N.,R. 1W.,B.M.,
Eagle, Ada County, Idaho more particularly described as follows:
Commencing at the N '/4 corner of said Section 11, from which the NE corner of said Section
11 bears South 89°19'36" East,2644.52 feet;
Thence along the North-South centerline of said Section 11 South 00°31'16" West, 1321.29
feet to the NW corner of the SW `/ of the NE 1/4 of said Section 11,said point also being the REAL
POINT OF BEGINNING;
Thence along the northerly boundary of the SW Y4 of the NE 1/4 of said Section 11 South
89°22'12" East, 1321.32 feet to the NE corner of the SW 1/4 of the NE '/4 of said Section 11; •
Thence along the easterly boundary of the SW 1/4 of the NE 1/4 of said Section 11 South
00'33'39" West, 800.68 feet;
Thence North 56°33'51" West, 161.87 feet,
Thence North 57°01'20" West,t0.00 feet;
Thence North 57°17'46" West, 128.43 feet;
Thence North 51°04'28" West,45.80 feet;
Thence North 63°28'26"West, 118.81 feet;
Thence North 66°05'26" West, 118.76 feet;
Thence North 58°57'21" West, 61.12 feet;
Thence North 59°26'52" West, 56.38 feet;
Thence North 80°34'41" West, 52.65 feet; Am
Thence South 74°03'59" West, 125.69 feet; ��;�, , l o ,4\
Thence North 89°26'03" West, 120.00 feet; N. v, 4948 ;
Thence North 72°19'29" West, 78.49 feet; c '
Thence North 64°39'21" West, 81.00 feet; 11r
Thence North 68°02'35" West, 102.01 feet;
Thence North 81°19'13" West, 171.89 feet to a point on the westerly boundary of the SW 1/4 of
the NE 1/4 of said Section 11;
Thence along said westerly boundary North o0001e31'16"East,357.69 feet to the REAL POINT
OF BEGINNING, Containing 15.64 acres, more
100610\100610-R-3-des.doc
EXHIBIT "B"
January 13, 2011
DESCRIPTION FOR.REZONE
R-3-DA-P & R-2-DA-P ZONES TO R-4-DA-P ZONE
THE PRESERVE SUBDIVISION
(EAGLEEIELI) ESTATES SUBDIVISION RESUBMITTAL)
A parcel of land being a portion of Lots 1-8 of Newell's Acreage as tiled in Book 6 of Plas at
Page 248,records of Ada County, Idaho and the SW 1/4 of the NE./ of Section 11,T. 4N.,R. 1W.,
B.M., Eagle, Ada County, Idaho more particularly described as follows:
Commencing at the N %4 corner of said Section 11, from which the NE corner of said Section
11 bears South 89°19'36"East,2644.52 feet;
Thence along the North-South centerline of said Section 11 South 00°31'16" West, 1"678.98
feet to a point on the westerly boundary of the SW 'A of the NE V of said Section 11, said point also
being the REAL POINT OF BEGINNING;
Thence South 81°19'13"East, 171.89 feet
Thence South 68°02'35"East, 102.01 feet;
Thence South 64°39'21"East, 81.00 feet;
Thence South 72°19'29"East, 78.49 feet;
Thence South 89°26'03"East, 120.00 feet;
Thence North 74°03'59" East, 125.69 feet;
Thence South 80°34'41"East, 52.65 feet;
Thence South 59°26'52"East, 56.38 feet;
Thence South 58°57'21"East, 61.12 feet;
Thence South 66°05'26" East, 118.76 feet;
Thence South 63°28'26" East, 118.81 feet;
Thence South 51°04'28"East,45.80 feet;
Thence South 57°17'46"East, 128.43 feet;
Thence South 57°01'20" East,20.00 feet;
Thence South 56°33'51"East, 161.87 feet to a point on the easterly boundary of said SW '/4 of
the NE '/4 of said Section 11,
Thence along said easterly boundary South 00°33'39"West, 519.56 feet to the NE corner of
the NW '/4 of the SE Y4 of said Section 11;
Thence along the easterly boundary of the NW `/4 of the SE'/4 of said Section 11 South
00°40'44"West, 541.00 feet;
Thence leaving said easterly boundary North 89°24'33"West, 146.74 feet to a point on a
curve;
100610\1006 10-R-4-des,doc
Thence 219.56 feet along the arc of a non-tangent curve to the right,said curve having a radius
of 175.00 feet,a delta angle of 71°52'55", and a long chord bearing South 80°23'05"West,205.43 feet
to a point;
Thence South 32°50'26" West, 103.13 feet;
Thence South 33°50'51"West, 135.99 feet;
Thence South 10°13'18" West, 10.33 feet;
Thence South 64°48'23" West, 125.64 feet;
Thence North 25°11'37"West, 121.00 feet;
Thence South 65°21'31" West,76.41 feet;
Thence South 77°29'31"West, 55.48 feet;
Thence North 86°52'27"West, 55.51 feet;
Thence North 72°20'41"West, 69.93 feet;
Thence North 80°14'44" West, 106.79 feet;
Thence South 73°41'57"West, 116.48 feet;
Thence South 46°35'47"West, 114.08 feet;
Thence North 70°23'44"West, 82.41 feet;
Thence North 05°13'17"West, 129.88 feet;
Thence North 47°08'34"West, 126.92 feet;
Thence South 83°19'24"West, 130.37 feet;
Thence South 34°38'23"West, 103.26 feet;
Thence North 53°07'17"West, 63.73 feet;
Thence North 89°45'34"West, 114.67 feet;
Thence South 51°01'07" West, 132.31 feet;
Thence North 81°03'44"West, 183.77 feet;
Thence North 64°09'40" West, 111.66 feet; ,� ,LAN
Thence North 82°51'10"West, 113.37 feet; q' T
Thence South 88°36'59" West, 239.95 feet; � ! .
Thence North 74°21'30"West, 61.14 feet; f' .(1;
Thence North 89°27'51" West, 107.16 feet; vflt ,rt
Thence North 00°32'09"East,664.91 feet; ifEL E
Thence South 89°25'59"East, 1313.09 feet;
Thence North 00°31'16"East. 963.60 feet to the REAL POINT OF BEGINNING.
Containing 66.61 acres, more or less.
100610\100610-R-4-des.doc
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account .'iy 1 F
(I0 �. Civj' ( ane,
October 1, 2012
Legal Notices
ORDINANCE NO. 679
Identification: tin. JA:n an ce.
Run Dates:
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY
DESCRIBED HEREIN FROM R -2 -DA -P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT -
PUD) TO R 3 -DA -P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT -PUD)
CLASSIFICATION AND FROM R -3 -DA -P (RESIDENTIAL WITH A DEVELOPMENT
AGREEMENT -PUD) AND R -2 -DA -P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT -
PUD) TO R -4 -DA -P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT -PUD)
CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT
SAID CHANGE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, etre City of Eagle, Idaho is a municipal oorpotatien 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 /tom It 2 -DA -P to R -3 -DA -P; and
WHEREAS, the owner ofthe real property situated within the City of Eagle and particularly described in
Exhibit "8" of this ordinance has requested, in writing, a rezone from R -3 -DA -P and R -2 -DA -P to R -4 -
DA -P; and
WHEREAS, the property described in Exhibit "A" and Exhibit "8" is generally located 650 -feet west of
Linder Road and north of State Highway 44; and
WHEREAS, the Pluming and Zoning Commission of the City, pursuant to public notice as required by
law, held a public heating on June 20, 2011, 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
August 29, 2011, on the proposed zoning for the real property described in Exhibit "A" and Exhibit "B" as
required by Section 67-6509, Idaho Code, made findings and determined that the requested zoning
classification of R -3 -DA -P for the property described in Exhibit "A" and the requested zoning
classification of R -4 -DA -P for the property as described in Exhibit "8" is appropriate to meet the
requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and is hereby granted.
NOW THEREFORE, 8E IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO, AS FOLLOWS:
Section 1; The City Council hereby finds end determines that the real property particularly descnbed in
Exhibit "A" be removed from the R -2 -DA -P (Residential with a development agreement -PUD) zoning
classification and included in die R 3.DA-P (Residential with a development agreement -PUD) zoning
classification pursuant to the Zoning Ordinance of the City of Eagle. The City Council flutter finds and
determines that said zone change Is in accordance with the Eagle Comprehensive Pien and relevant City
Codes.
,Section 2: The City Council hereby finds and determines that the real property particularly described in
Exhibit "B" be removed from the R -3 -DA -P (Residential with a development agreement -PUD) and R -2 -
DA -P (Residential with a development agreement -PUD) zoning classification end included in the R -4 -
DA -P (Residential with a development agreement -PUD) 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 Eaglet Comprehensive Plan and relevant City Codes.
seadon 3: The described real property generally as shown on Exhibit "C" 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 -2 -DA -P (Residendal with a development agreement -PUD) zoning
classification and the real property described in Exhibit "A" is hereby included in the R -3 -DA -P
(Residential with a development agreement.PUD) zoning classification.
Section 4: The described real property generally as shown on Exhibit "C" and located as specifically
described in the attached legal description Exhibit "8" all situated in the City of Eagle, Ada County, Idaho,
is hereby removed from the R -3 -DA -P (Residence with a development agreement -PUD) zoning
classification and R -2 -DA -P (Residendal with a development agreantent PUD) zoning classifications and
the real property described in Exhibit "B" is hereby included in the R -4 -DA -P (Residential with a
development agreement -PUD) zoning classification.
$acltoa 5,: The official Zoning Map of the Chy ofEagle, Idaho, la hereby amended to Whet the fbregoing
RECEIVED & FILED
CITY OF EAGLE
OCT 0 2012
File:
Route to:
Aro T9
t0-( 2o1z-
Amount
A patoel of 1
Pap 248, records a beingdulyswom, deposes
B.M., Eagle, Ada C` P
Commutate t he is the Principal Clerk of
11 bears South 89°I Wkly newspaper published at
Thence don ,State of Idaho; that the said
feet to a point ontheneral circulation in the said
being the REAL Pf
'1d in the vicinity of Meridian,
Thence SoUii d has been uninterruptedly
Thence Sound County during a period of
Thence Sera •utive weeks prior to the first
Thence Soul a copy of which is attached
maceanal the notice was published in
Thence Non formity with Section 60-108,
Thencesoutemended, for I time(s)
Thencesoatire issue of said paper, and
ThencescutNspaper proper, and not in a
mane soffit said notice was published
Thencesoud on the following dates:
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Thence Sou h uted the same.
Thence Sou
Thence Nal Notary Public for Idaho
Thence Nor
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