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Ordinance - 2013 - 693 - Zone Change/Eagle Island Crossing - 03/26/2013 SCANNED ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 4 BOISE IDAHO 04/04113 08:05 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF III 11111111111111111111111111 I III�IIIII II III Eagle City ORDINANCE NO. 693 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL-RESIDENTIAL) CLASSIFICATION TO MU-DA (MIXED USE 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 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 A-R to MU- DA; and WHEREAS, the property described in Exhibit"A" is located at 3605 West Flint Drive; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on September 17, 2012, 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 23, 2012, 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 MU-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 the real property particularly described in Exhibit "A" be removed from the A-R (Agricultural-Residential) zoning classification and included in the MU-DA (Mixed Use with a development agreement) zoning classification pursuant to the Zoning Ordinance of the City of Eagle. The City Council further Page 1 of 2 K:\COUNCIL\Draft Ordinances\Ordinance 693 Eagle Island Crossing LLC doc 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 A-R (Agricultural-Residential) zoning classification and the real property described in Exhibit "A" is hereby included in the MU-DA (Mixed Use 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 26th day of March 2013. CITY COUNCIL OF THE CITY OF EAGLE • t. County, Idaho 1 . es D. Reynolds, M or %00,01:31 ,,,,,,,, ATTEST: �.•`%*Gti`�, F•,,C 1 J _ .' 013P ORq •• � rat 2 li t . �•14i �•� Sharon Bergmann, Eagle City Jerk ., • * .� ,,:?,SEA L f •• R ATFC••• 0 C• '' O F ID?'�.. 0•�'it,.,U,,,,, Page 2 of 2 K:\COUNCIL\Draft Ordinances\Ordinance 693 Eagle Island Crossing LLC.doc EXHIBIT "A" LEGAL DESCRIPTION Lot 3 in Block 2, of the AMENDED PLAT OF FLINT ESTATES, according to the official plat thereof, filed in Book 45 of Plats at Page(s) 3713 and 3714, official records of Ada County, Idaho. Exhibit "B" 3605 W. Flint Dr. Vicinity ti a. p,,.,,,.. P.r.alvg.,.._:eI,°,1„.4f 1 --,--r-‘,1 NM 1 I' L,_ ___ __ I - -7 f ri, ,,. i. ri- . , '.. I . .. ., 1.; '.1-- , ----t. I - . , ( ._, • :Ji 1; r■-3 - ' " &:. 1 " f'...r" , . •" ' ' — 4 `,. W State St _ , . Vallpinglipliii71.11.41111,wimpown ti.' ' ------- - 7-,......,f.a4,-;■.4... `" i f f -- : ";11rINISMIlil : — i. •L.*' '''' ' ' A Vt?'-'''-'' * •' L I - L '" ''' . , P^, ud Lrt '1'' ' '•' ) THIS MAP NOT INTENDED FOR NAVIGATIONAL USE 7/26/2012 http://66.192.184.147/imf/itnfPrintMan.i sn?title=3605 W.Flint Dr.Vicinity Mao __ —.NECEIVED&FILED CITY OF EAGLE APR 1 5 2013 Valley Times P.O. Box 1790-Eagle, Idaho 83616 File: --- Route to -- LEGAL ADVERTISING PROOF OF PUBLICATION Account Ca-) 1,- rel.,L.. Identification: O f Lt ,a A w We , 6 93 Address: (p(o co F. C;V,'L L a r e Run Dates: 0 9 -0 ( 20 13 r 4 f(► Number Lines /12 Amount l�7- SZ [u.. ,, P2�.xy Attention: Other ,., April 2013 ee-''t P rank Thomason, being duly sworn, deposes ar U� and says:That he is the Principal Clerk of Xu Legal N o t i c e s 'y Times, a weekly newspaper published at 1 07-.5 Ada County, State of Idaho;that the said wspaper is in general circulation in the said l • - •S 2 ORDINANCE NO.693 - unty of Ada, and in the vicinity of Meridian, and Eagle, and has been uninterruptedly AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL )UbllShed in said County PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL-RESIDENTIAL) ty a period of CLASSIFICATION TO MU-DA(MDC.FD USE WITH A DEVELOPMENT AGREEMENT); ty-eight consecutive weeks prior to the first AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; I of this notice, a copy of which is attached AND PROVIDING AN EFFECTIVE DATE. lereto, and that the notice was published in WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and operating under y Times, in conformity with Section 60-108, the laws of the State of Idaho;and daho Code, as amended,for 1 time(s) WHEREAS,pursuant to Chapter 65,Title 67,Idaho Code,the City of Eagle has the authority to regular and entire issue of said paper, and adopt,establish and amend a Zoning Ordinance;and inted in the newspaper proper, and not in a lement; and that said notice was published WHEREAS,the owner of the real property situated within the City of Eagle and particularly on the following dates: described in Exhibit"A"of this ordinance has requested,in writing,a rezone from A-R to MU- g DA;and :ginning ,. -1.;,( I/ to(3 WHEREAS,the property described in Exhibit"A"is located at 3605 West Flint Drive;and WHEREAS,the Planning and Zoning Commission of the City,pursuant to public notice as (], 9 ', required by law,held a public hearing on September 17,2012,as required by Section 67-6509, Idin ( i W /3 Idaho Code,and made a recommendation to the Mayor and Council;and 9 .^/7~ /7� Y_ _- WHEREAS,the Eagle City Council,pursuant to public notice as required by law,held a public �4w" r 'v'^`� ^'.. hearing on October 23,2012,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 STATE OF IDAHO) requested zoning classification of MU-DA for the property described in Exhibit "A" is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle )SS Comprehensive Plan and is hereby granted. is UNTY OF ADA) NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY Ly of !jr, in the year of 2013 OF EAGLE,IDAHO,AS FOLLOWS: me, a Notary P bide, personally appeared known or iden - ed to me to be the person &I ee is The City Council herby finds and determines that the real property particularly ame is subscribed to the within instrument, described in Exhibit "A" be removed from the A-R (Agricultural-Residential) zoning g b y me fi del sworn, declared that the classification and included in the MU-DA(Mixed Use with a development agreement)zoning l classification pursuant to the Zoning Ordinance of the City of Eagle. The City Council Anther 'elm are true, :n•/<cknowledged to me that finds and determines that said zone change is in accordance with the Eagle Comprehensive Plan !�ul" . V ///, Ai,-, executed the same. and relevant City Codes. I 1 Sean, l ,,2: The described real property generally as shown on Exhibit"B"and located as Notary Public for Idaho specifically described in the attached legal description Exhibit"A"all situated in the City of Residing t Boil Eagle,Ada County,Idaho,is hereby removed from the A-R(Agricultural-Residential)zoning Vly Commission expires: classification and the real property described in Exhibit"A"is hereby included in the MU-DA (Mixed Use wiflh a development agreement)zoning classification. Section a 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.