Ordinance - 2014 - 718 - Rezone Japeth - 04/08/2014 ORDINANCE NO. 718
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-3 (RESIDENTIAL UP TO 3 UNITS)
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 Mayor and Council have determined that good cause exists for amending the
official zoning map of the City of Eagle; 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-3 to MU-
DA; and
WHEREAS, the property described in Exhibit "A" is located at the southwest corner of East
Sadie Drive and North Echohawk Way; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on December 2, 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 January 28, 2014, 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:
Page 1 of 2
K:\COUNCLL\Draft Ordinances\Ord 718 Japheth Rezone.doe
Section 1: The City Council hereby finds and determines that the real property particularly
described in Exhibit "A" be removed from the R-3 (Residential up to three units) 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
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-3 (Residential up to three units) 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 8th day of April 2014.
CITY COUNCIL OF THE CITY OF EAGLE
da County, Id.
I,; k. , ,
lames D. Reynol•s, ayor
sostem
ATTEST: ,.•��pGLE
1 I O r'O�I A'•. l"
oleAlAstO
Sharon K. Bergmann, Eagle Ci Clerk = V o •• v O
5ti► oe
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Page 2 of 2
K:\COUNCIL\Draft Ordinances\Ord 718 Japheth Rezone doc
RECEIVEO&FILED
CITY OF EAGLE
EXHIBIT A
OCT 102013
FOX Land Surveys, Ina, File:Route to: . -.
1515 South Shoshone St. A Boise Idaho A 83705 A 208-342-7957 A 208-342-7437 FAX
PROPERTY DESCRIPTION
A PARCEL OF LAND BEING PART OF
THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10,
TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
CITY OF EAGLE,ADA COUNTY, IDAHO
A parcel of Land being Part of the Northwest 1/4 of the Southeast 1/4 of Section
10, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County,
Idaho, more particularly described as follows;
A. COMMENCING at the found Brass Cap Monument marking the Center of Section
10, from which the found Aluminum Cap Monument marking the East Quarter
Corner of Section 10 bears South 89°31'25" East, a distance of 2670.72 feet;
B. thence along the East West Center Line of Section 10, South 89°31'25" East, a
distance of 1082.60 feet to the TRUE POINT OF BEGINNING;
C. thence continuing along said Center Line South 89°31'25" East, a distance of
196.26 feet to its intersection with the Center Line of Highway 55;
D. thence along said Center Line, South 01°10'11"West, a distance of 1320.03 feet to
its intersection with the south 1/16th line of Section 10;
E. thence along said 1/16th line North 89°07'20"West,a distance of 1283.10 feet to the
Center South 1/16th Corner of Section 10;
F. thence along the north south Center Line of Section 10, North 01°21'30" East, a
distance of 716.07 feet to found 5/8 inch rebar with plastic cap stamped "FLSI PLS
7612" marking the southeasterly corner of Lot 1, Block 2, Ringo Ridge Estates
Subdivision No. 1;
G. thence along the easterly boundary of Said Lot the following two courses and
distances:
H. North 27°24'09" East, a distance of 24.37 feet to a found 5/8 inch rebar with plastic
cap stamped "FLSI PLS 7612";
I. North 04°47'04" East, a distance of 93.01 feet to a found 5/8 inch rebar with plastic
cap stamped "FLSI PLS 7612" marking its intersection with the southerly Right-of-
Way of East Sadie Drive;
J. thence North 10°52'15" West, a distance of 25.00 feet to the center line of East
Sadie Drive intersecting at a radial angle in a curve to the right;
K. thence along said center line the following seven courses and distances:
L. along a curve to the right having a length of 82.56 feet, a radius of 300.00 feet, a
central angle of 15°46'05", tangents of 41.54 feet and a long chord of which bears
North 87°00'48" East, a distance of 82.30 feet to a point of tangency;
M. South 85°06'09" East, a distance of 263.13 feet to the beginning of a curve to the
left;
N. along a curve to the left having a length of 97.08 feet, a radius of 300.00 feet, a
central angle of 18°32'25", tangents of 48.97 feet and a long chord of which bears
North 85°37'38" East, a distance of 96.65 feet to a point of tangency;
O. North 76°21'26" East, a distance of 27.30 feet to an angle point;
P. North 76°20'03" East, a distance of 172.23 feet to the beginning of a curve to the
right;
Q. along a curve to the right having a length of 52.72 feet, a radius of 260.00 feet, a
central angle of 11°37'01", tangents of 26.45 feet and a long chord of which bears
North 82°08'34" East, a distance of 52.63 feet to a point of tangency;
R. North 87°57'04" East, a distance of 136.68 feet to its intersection with the center line
of North Echohawk Way at a non-radial angle in a curve to the right;
S. thence along said center line and curve to the right having a length of 124.74 feet, a
radius of 200.00 feet, a central angle of 35°44'06",tangents of 64.47 feet and a long
chord of which bears North 01°47'23" East, a distance of 122.73 feet;
T. thence South 70°20'34"East, a distance of 25.00 feet to the easterly Right-of-Way
of North Echohawk Way;
U. thence South 65°39'17" East, a distance of 117.92 feet to an angle point;
V. thence North 20°27'55" East, a distance of 355.36 feet to the TRUE POINT OF
BEGINNING.
Containing 1,254,785 square feet (28.805 acres) more or less.
Subject to existing easements and rights-of-way as any may exist, of record and not of
record.
Refer to the attached sketch.
Any modification of this description shall render it null and void.
Fox Land Surveys, Inc. ��%%�1 re; �
Thomas A. Judge, Project Manager, PLS 13934
END OF DESCRIPTION q of
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RECEIVED&FILED
CITY OF EAGLE
Valley Times APR 2 8 2014
P.O. Box 1790-Eagle, Idaho 83616 File:
LEGAL ADVERTISING PROOF OF PUBLICATION Route to:
Account: L{—I n--- Ea Identification: Cr'- L1 /tit,c_ 1
Address: 4 cool F . C;\..),- L, L„vr,t_ Run Dates: C °�.t_ _ , L1
r April 21,2014
Legal Notices lit D
9 . her Lines Amount
ORDINANCE NO.71a R
AN ORDINANCE CHANOINo THE ZONING CLASSIFICATION OF THE REAL If East Frank Thomason, being duly sworn, deposes
PROPERTY DESCRIBED HEREIN FROM R-3 (RESIDENTIAL UP TO 3 UNITS) 'a
CLASSIFICATION TO MU-DA(MIXED USE WITH A DEVELOPMENT AGREEMINT); and says: That he is the Principal Clerk of
AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHAD; _ Illey Times, a weekly newspaper published at
ANDPIItOVE:00iki EnECINE DATE. of glee Ada County, State of Idaho;that the said
WHEREA►s,the City as*.iththe is a mad*corporation womnized and oposedeg metre to Iset•a tewspaper is in general circulation in the said
tklew,ogee t reeofIdaha and Fli' county of Ada, and in the vicinity of Meridian,
WHERE,AS,putwmtmChepsee6s Title 6, Idaho Cade,the CNtyofReekhes theauthmityto Item® tar, and Eagle, and has been uninterruptedly
adept, and„wed ezenith°rdaseismand 10, published in said County during a period of
snty-eight consecutive weeks prior to the first
the*meatus the Iti
WHEREAS.60)&04 andCema Ileve ckternlitled that Ir°°"mie alibi— ---> » ofthec ofE and a ion of this notice, a copy of which is attached
official Ilse oars hereto, and that the notice was published in
WHEREAS,the owe of the reel property*weed within n a►e city of Eagle and paticu tly HI ley Times, in conformity with Section 60-108,
dewtibedd in Exldibit"A"of this or nee l*s in"Ti's'"um&O..R '0 MU' Idaho Code, as amended, for I time(s)
DA;and
to the ie regular and entire issue of said paper, and
WHEREAS.the preachy dubed In E M A"is boated se the saw earner of Eaa printed in the newspaper proper, and not in a
Sadie Drive aed North Mohawk worms tplement; and that said notice was published
WHEREAS,the Nannies and Zoning Commis ion of City,puesmarn m pnbiio notice as .�' on the following dates:
required by law,held a public heating on December 2,2013,as required by Seed=67-6509, I: Beginning t--)\--t -t -2_ 2r� ) y
Idaho Code,and made*recommendation to the Mayor and Couecitc cad 4' i
WHEREAS,the Eagle Cry Council,puma*to public notice as ngrrired by law,held a public t /'
haring on Tammy 23.2014,or the proposed toning for the red property desaibed in Exhibit (,
"A" as required by Section 69-6309, Idaho Code, made findings and determined that the belt a Ending -2 J ► 14
taped zoning•mss of MU-DA for the.poverty described in Exhibit "A" is a g
/
appropriate to meet the ramionnonts of Idaho Code, Eagle City Code and the Eagle
Coenpechanive Plan and is hereby gasrted.. 3, w
NOW THEREFORE,BE a'0 IE BY T MAYOR AND COUNCIL OF THE CITY _way
OF EAGLE,IDAHO,AS FOLLOWS: _ STATE OF IDAHO )
Seed=,t The City Council hestty and data thew that the red property P br )SS
described a Exhibit"A" be removed from the R-3 (R l up to three wilts) zoning OUNTY OF ADA)
classification,�included in the MU-DA(M�Use with a develop agtat ay of ;� in the year of 2014
to the Udell Ordbmmoc of the City of&Sic. The CRY Caul flamer ire me, a Notary •r blic, personally appeared
finds and detand es that mid zeoe iabt thethdththe with the Eials C°'t by Plan n, known or identified to me to be the person
and relevant City Codes. 1
name is subscribed to the within instrument,
M,: The desmihed real Property Seeaally a a "B"and located a rt of sing by me fi my worn, declared that the
specifically aaaibed in the epochal legal description Ex "A"all situated in the City of Fr in are tru , d cknowledged to me that
Eagle,Ada County,Idaho,is hereby removed from the R-3(Residential up to three drab)zoning
won and the reel peoperty described is 1 "A"is hereby included in the MU-DA /` he e ecuted the same.
(Mated Use wi h a development cep tome t)zoning classification. iii. +
Miami: 'theo�ialZoesi ghtep rite CityofEagle,Idaho,,aberebyatmendedtota9Aeci he F i Notary Public for Idaho
ibresoing change in Residi�q at B ise ID
to My Commission expires: '� / ).:7 1 f
lies 4a This*Winona inonoe shall take effect and be in force from and after its passage,approval.T r
and one(I)publication of the atdmmes in the official newspaper of the City. I,f'
Ftagle,
DATED this as day ofApr1 2014.
CITY comm.OF THE art OF EAGLE 1
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