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Ordinance - 2013 - 706 - Schneider Rezone - 11/12/2013 ORDINANCE NO. 706 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM A (AGRICULTURAL) TO R-2 (RESIDENTIAL); 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 to R-2; and WHEREAS, the property described in Exhibit"A" is located at 470 Floating Feather Road; 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, 2013, 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, 2013, 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 R-2 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 A (Agricultural) zoning classification and included in the R-2 (Residential) 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:\COUNCIL\Draft Ordinances\Ordinance 706 Schneider 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 A (Agricultural) zoning classification and the real property described in Exhibit "A" is hereby included in the R-2 (Residential) 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 12th day of November 2013. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho/ mes D. Reynolds, ;, or ��. F ,, ATTEST: L,' QOR, S L Sharon K. Bergmann, Eagle Ci Clerk '* s SEA �, ` �• Pip e, 1 1 E .. Page 2 of 2 K.\COUNCIL\Draft Ordinances\Ordinance 706 Schneider,doc to i ° Page 1 of 1 wrAr J i. :\:\i l k R€4 1.;1`. 1.. May 29, 2013 Project No. 113096 Rezone Description Schneider Custom Homes, LLC 1.54 Acres Exhibit"A" A tract of land situated in a portion of the Southwest One Quarter of Section 4, Township 4 North, Range 1 East, Boise Meridian,City of Eagle,Ada County, Idaho,described as follows: COMMENCING at a found brass cap which monuments the Southwest Corner of said Section 4, which bears North 89°51'08" West a distance of 2,660.01 feet from a found brass cap which monuments the South One Quarter Corner of said Section 4, thence following the southerly line of said Section 4 and the centerline of Floating Feather Road, South 89°51'08" East a distance of 1,330.10 feet to the POINT OF BEGINNING. Thence leaving said southerly line and said centerline and following the easterly lines of Lots 22 and 38, Block 1 of Brookwood Subdivision No. 1 (a recorded subdivision on file at pages 8483 — 8489, Book 79 of Plats, records of Ada County, Idaho), North 0°27'10" West a distance of 139.95 feet; Thence leaving said easterly lines and following the southerly lines of Lots 13, 14& 15, Block 1 of said Brookwood Subdivision No. 1, North 66°24'07" East a distance of 347.91 feet; Thence leaving said southerly lines and following the westerly line of Lot 11, Block 1 of said Brookwood Subdivision No. 1,South 0°26'24" East a distance of 280.05 feet to the southerly line of said Section 4 and the said centerline of Floating Feather Road; Thence following said southerly line and said centerline, North 89°51'08" West a distance of 319.86 feet to the POINT OF BEGINNING. The above-described tract of land contains 1.54 acres more or less,subject to all existing easements and rights-of-way. The intent of this description is for rezone purposes only and is not intended to describe or transfer property rights. Attached hereto is Exhibit "B" and by this reference is made a part hereof. s LAX?) NSp er�G Prepared By: THE LAND GROUP, INC. o 462 E.SHORE DRIVE,SUITE 100 a 14216 EAGLE, IDAHO 83616 o 208-939-4041 '9TE OF Or 208-939-4445 (FAX) �1 414EL S •2% 20/3 0 www.theiandgroupine.com m 1—.. „t ( I PROF., o ' `rS n w N0'27'1a"W 139.95' D - o�' �� r ''do �5 ao a D� -o- CI cn I -n r'�: aW -i (I) Z .A O 0 � CEO co ? I O �s—— tn. n 7 C cn m y p , 3 � 0 0 -n -n Z c,' Z °o o -a' a co 03 1c°� o Lz m4" t) w CD n co cn CD a CD CD El -n 2 N V) oco-C° I tcnn m � ° a DJ o O i+ y � ww � � I- Q v pcfl 4- o � mro a �gi, 0 W O - r U Cl) I S0'26'24'E 280.05' I t 41.• 74 �\ Brookwood t/ Subdivision No. 1 &2 ENGINEER/SURVEYOR J PROJECT INFORMATION J Scale: 1"=50' 1 1 �\ /Ir'r E LAND GROUP, INC. 5/29/2013 �. ro,,�� -Landscape Architecture Schneider Custom Homes 113096 b/ / .Civil Engineering •Site Ptanning •O •Graf Course Irrigation &Engineering Rezone Description Graphic Surveying anicatlon Exhibit B �"` Land�""r'g Eagle Idaho 461 r Shore Dr,E to 83616 () . ®= Phone(108 esg-4U`ir!Fitz(208)stg-4445 f `� t .w. c«n le i RECE t i,6 at. - CITY 1 t, ,` r r, Valley Times NO P.O. Box 1790-Eagle, Idaho 83616 File:_. .._._ _.,,._,,,_,w, LEGAL ADVERTISING PROOF OF PUBLICATION Route tc. K, Account Ij of f a ,`4 Identification: ^ eUroa „..-`"J ` l'010 A,wrecc- C la rl V . C%V;L L l,I, t Run Dates: I I " 1 Y 13 November 18,2013 ________________ Legal Notices Lary '''N1.0f( • fiber Lines ` b Amount r . ORDINANCE NO.706 Li S,eX L al er AN ORDINANCE CHANGING THE ZONING CLASSIFICATION:OF THE REAL PROPERTY DESCRIBED HEREIN FROM A(AGRICULTURAL)TO R-2,(RFSIDENT IAL); lov"'is IS AMENDING THE ZONING MAAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; Frank Thomason, being duly sworn, deposes Z q (A, AND PROVIDING AN EFFECTIVE DATE and says:That he is the Principal Clerk of WHEREAS,the City of Eagle,Idaho is a municipal l corporation organized and operating under Vley rimes, a weekly newspaper published at z' ti CT 0 the laws of the State of Idaho;and gle,Ada County, State of Idaho;that the said Li? ' I q" '00 newspaper is in general circulation in the said WHEREAS,pursuant to Chapter 65,ride 67,Idaho Code,the city of Eagle has One authority to ;ounty of Ada, and in the vicinity of Meridian, 9�—" adopt,establish re'`am"�A Ordinance; tar, and Eagle, and has been uninterruptedly t? I" WHEREAS,the war of the real propetty situated within the City of Eagle and PardeuladY published in said County during a period of described in,Exhibit"A"of this ordinance has requested,in writing,a rem from A to R-2;and enty-eight consecutive weeks prior to the first WHEREAS,the property described in Exhibit"A"is located a 470 Floating Feather Road;and ion of this notice, a copy of which is attached hereto, and that the notice was published in WHEREAS,the Planning and Zoning Commission of the City,pursuant to public notice as fey Times, in conformity with Section 60-108, m uirea by law,helm a public hearing on September 3,2013,as required by Section 674509, 1 Idaho Code, as amended,for l time(s) Idaho Code,and made a recommendation to the Mayor and Council;and le regular and entire issue of said paper, and WHEREAS,the Eagle City Council,pursuant to public notice as required by law.held a public Tinted in the newspaper proper, and not in a hearing on October 8,2013„on the proposed zoning for the real property described in Exhibit element; and that said notice was published "A" as required by Section 67.6509, Idaho Code, made findings and determined that the requested zoning classification of R-4 for the property deso<ibed in Exhibit"A"is appropriate to on the following dates:da�:C3 >�y of Idaho Code,Eagle City Code sad the Eagle Comprehensive Plan and is 3eginning 17c NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE GITY kt OF EAGLE,IDAHO,AS FOt OWS: I�, •- The City Cotmcil hereby finds and determines that the real property particularly 'Ending h a ufiY✓l / t b ) daieHbei*Exhibit"A"be removed from A(Agriculbual)zoning classification and included in � s� 6� the R-2(Residential)zo raasifcation pursuant to the Zoning(Wiliam ofyhe City of Eagle. L 'ita City`Commit further finds tied determines that Said zott6lehange iai in accordance with the b Engle Comprehensive Plan and relevant Cl Coodes: STATE OF IDAHO) *dim 2: The deacribed 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 )SS Eagle,Ada Canty,Idaho,is hereby removed from the A(Agricultural)ismingelassification and la n COUNTY OF ADA) the red impeaty;des need its r abut"A"is hem*eluded in the R-2(liresaae h>mning 1 U ay of • in the year of 2013 classification. -e me, a Notary Public, personally appeared ,2,The adieu zoning Map of the City of Bogle.Idaho,is hereby mended to,eigere the ;al, known or identified to me to be the person foregoing charge in.zoning eleenfirenaL name is subscribed to the within instrument, leader 4r;nth of in e dad trite Oka add ba in force from p d after its pale,•PIno• 1, jag by me fi ir my sworn,declared that the and one(I)p inn of t e otdimeoe in tine official newspaper of the City. er,�in are tru d I nowledged to me that �f , e executed the same. DATED this 1z-day of November 2013. I r �I IA.' Notary Public for Idaho CITY COUNCIL OF THE CITY OF EAGLE U/ Resi • at Boise ID >rdah° My Commission expires: