Ordinance - 2020 - 839 - Kunkler Zone Change - 12/03/2020ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=4 BONNIE OBERBILLIG
CITY OF EAGLE, IDAHO
ORDINANCE NO. 839
2020-169527
12/09/2020 12:23 PM
NO FEE
AN ORDINANCE CHANGING THE. ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL -RESIDENTIAL) 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, Evelyn Gaye Sedlacek, Karie Arnold, and E. Frederick Kunkler, Ill, the owners 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 (Agricultural -Residential) to MIJ-
DA (Mixed Use with a development agreement); and
WHEREAS, the property described in Exhibit "A" is located at 1601 West State Street; and
WHEREAS, the Planning and Zoning Cornmission of the City, pursuant to public notice as
required by law, held a public hearing on August 17, 2020, 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 September 22, 2020, 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. (Mixed Use 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 AR. (Agricultural -Residential) zoning
classification and included in the MU-DA (Tv. fixed 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.
Page 1 of 2
K: COUNCIIADraft Ordinances -TAD 839 Kontrier.doo
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 3rd day of December 2020.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Pierce, Mayor
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Page 2 of 2
K.\COUNCIL\Draft Ordinances\ORD 839 Kunklendoc
Exhibit "A"
A parcel of land located in a portion of the East half of the
Southeast 11/4 of the Southeast 1/4 of Section 7, T.4N., R.1E., B.M.,
Ada County, Idaho and more particularly described as follows:
Commencing at a brass cap marking the East 1/4 corner of Section 7, T.4N., R.1E., B.M.,
Ada County, Idaho; thence S 00°35'37" W along the easterly boundary of said Section 7,
1,369.59 feet to an aluminum cap on the southerly right-of-way of State Highway 44(State
Street) as shown on Plans 3321(1) on file with the Idaho Department of Transportation, said
cap marking the initial point for Van Engelen Estates Subdivision No. 2 as filed in the Ada
County Recorders Office in Book 72, on Pages 7401 and 7402 of Plats, the REAL POINT
OF BEGINNING. Also from said cap, a brass cap marking an 80.00 foot witness corner to
the Southeast corner of said Section 7, bears S 00°35'37" W, 1,216.23 feet;
thence continuing S 00°35'37" W along said easterly boundary, 749.65 feet to an iron
pin opposite centerline Station 866+11.19 on the northerly right-of-way of the Eagle
Alternate Route as shown on Plans A.P.F. No. STP-F-3271(033) on file with the
Idaho Department of Transportation;
thence leaving said easterly boundary along said northerly right-of-way the following
courses and distances:
Northwesterly 42.01 feet along the arc of a curve to the right to an aluminum cap
opposite centerline Station 865+63.53, said curve having a central angle of 01°05'00",
a radius of 2,221.83 feet, and a long chord of 42.00 feet, which bears N 51°51'54" W;
thence N 51 ° 19'22" W, 471.69 feet to an aluminum cap opposite centerline Station
860 +96.17;
thence northwesterly 307.95 feet along the arc of a curve to the left to an iron pin on
the westerly boundary of the East half of the Southeast 1/4 of the Southeast 1/4 of said
Section 7, said pin opposite centerline Station 857+97.33, said curve having central
angle of 07°28' 14", a radius of 2,361.83 and a long chord of 307.73 feet, which bears
N 55°03'30" W;
thence leaving said northerly right-of-way N 00°30'48" E along said westerly boundary,
200.49 feet to an iron pin on the southerly right-of-way of Stat Highway 44 (State
Street) opposite of centerline Station 2+78.69 as shown on Plans A.P.F. No. STP-F-
3271(033) as filed with the Idaho Department of Transportation;
thence leaving said westerly boundary along said southerly right-of-way northeasterly,
136.96 feet along the arc of a curve to the right to an aluminum cap opposite
centerline Station 4+49.88, said curve having a central angle of 32°41'39", a radius
of 240.00 feet, and a long chord of 135.10 feet, which bears N 72°25'26" E;
thence continuing along said southerly right-of-way N 88°46'23" E, 530.83 feet to the
REAL POINT OF BEGINNING.
Ada County Assessor
0.11 Miles
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Legend
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Idaho Statesman
Keeping you connected I idahoStatesman.com
AFFIDAVIT OF PUBLICATION
i OF
E ass
DEC 21 2020
Account*
Ad Number I Identification
PO
Amount
Cols
263905
0004828559 I ORDINANCE NO. 839 AN ORDINANCE CHANGI
ORD 839 Kunkler
$246.56
I Denth I
3 19.33 In
Attention: Tracy E. Osborn
CITY OF EAGLE / LEGALS
PO BOX 1520
EAGLE, ID 83616
ORDINANCE NO. 839
,.1"'r ORDINANCE CI-i4%,31."d'C 7,1E ZONiNiG CLA SIFL;ATI.CIN OF HE REAL PROPERTY CESCRIRED HERE-
IN F:-• '+"1 f,l='Pft:.JI.TI_IRAL•PESIDENT'.-ALi TO MMML•G'.4 '`.1;a•ED ILISE WITH A. f'F''/J ,-,M„E'•JT AGREE-
): i' k N AP C F THE CITY L' cr'+ �L I r'1 _FC i r"a C I[ L: xiI D f'ie� b'173
INC AN -:FE, Tide DATE.
W TA-S. the. City of g 2- id a ^^ 2 ^1u . ipa corporarion nr ;r : e.t and opera' , under. the la r4 of
the State h' Ida arc
'NH 1EA5, aLrsuarit. ^ i ha:,:er 65 wale 67, •dar c .ore 'lie C 1, c` Eag.e has the :h rs"y to ac:oot.
!:!:':sh and anten6 a Toning C'rcina''.^.r:: and
WH•_'^EA? Evel•:fi f .i jo Sei•3cek. ita'IP_ r+vmol=;_ and E. 'r_C.!''ric•-: iti•_nitil,_r, '_i, the real
nro'aerty s-tuuted "it n the City of Eagle d•^.d particula'Ij' Cescnbedi ii Eih'bb't'A" '+r's C'dincnce ,as
Grl.est'C, in �ttll c re ere from r•R 1,4r"Iv[Ilt,: rar.Resi e r lr:i1 ,'1 rvl]. F - .}11 .7,.1 :� i..t :'17"+-
'NH= -'.A t;?ia property c:e;C'r• ed fi Enhibit "A" IS 7•_-utei C=t 1601 ;roest State Srteet' -.,S
Volt , RFA.S, the nri "':;i Zafli.c, 40r rr1.,g. (,l •'e. City, li rs, -a„t r0 ;)1[0lie 11o,C AS r,. r 11'.•.
law, "eid a public hear:ng on August 17, 2E20. as required SCr7.1:: C7-65:9. 'Idaho Cede, _;-rl rlade
a rec3Tr'Feridat:.3n tau ti,e Mayor- vi d 00unc11: and
' 1 f Cl[1, vil, pur..!.••uuni rioUce.t' - •ry1r'ed by ia7i. he'd nig 0n
S Cp,ortlber 22 2 2J. 011 thC^ Or00+c5nC 7011VRg, Tor %i1C real prcaerry dOSCr.be., [Il Ex.n1(r't .A as r equ; ci
0G :,Sect C'1 b!-Sia.99.dano Cote. made fittings and Ce:a=r-dtF r that u " request- zninEcL.s1`1G3i 4n
t,";1':t;', t'"1 xed Use s11: a deve,:. ur; ent agreervent1 r0r .' _ 0rourrl, ues.r. t::=r: E..I' Dit. -A r; e pr -
oriate i : ;:lee the rlclri"e:nert:y :o.° daho Ccd2, Ea n Cit; Cede. and the EG '_°Comprehensive PIE' 2"d
s hr h1 tied
4 E ` t. ORE F IT C8i).,., _D BY THE MA'08 AND COUNCIL OF THE C`oY OF EI1.O IDAI- C, AS
l_CA5
Section 1: The I-y "r I n_11 t-.ereby finds and Bete lanes that the real property particula' ; desc.rihad. in
•etl from. the ,5° f fsrlr:i tug ?2SIdF"i i- ?ar 1ri c;a�sff+ a'. C": and r;I. ded in the
;'1ixe:tl U,.P.�4";1; a fievelop.'nerl a _reenle`tiIi 2nren 0[ass.fICatlC^ir :.:r5:1i;r:i i "f•: larr.rsr 1'rdi-
- an:e as the'C.iti cF Eagle. Fite Cty C°au c1i 1.iirthor fines end Jeten7-.ins i.'t _sic Zcr,: Charge is in ac•
CCrd�1-'re. • ,'It''iie Eagle Ccrnioreiltnsi;e elan on..3JEt. rb ..i''"5''C,odes
Section 2: I Ge-^til>ed ilrOperti > `'era shoiegi 111 Fx'• 0 1 `r"i' and ocUte-i c Spr, ficall'.' de-
scribed in _ ie at ached icgal description Exhibit ail sittiate'd i-:the ay at splz Adz County. Io.,ho, is
hereby ennl r 'TOM the Agricuitl R r ti zoning cia5 ricailicri arin the real property desc-1-
tie11 l r: 711 s hereby included it , 91..E 1,6,1,3C Lse :. th a dove ),0rnen` tic reen1ent) lonint;
lassificaton.
Section 3• The cif;. I ire :rr Maa of The _ _ - _� oho, [s • Ore.'; a-iended to reflect the forego- .
rrg
Section 4. T li; .s ird car:f! ac in force iron, and :are!- its passa2a, app.-oral. and •
o ne.C' i NuC cabcn of the G'dlnciite sit the o ,ft-'ai eviso30F, of the C?`.'i..
be vle+ved a EEIt.k 1y Fla! vov E, ['Garin. during reg.:, it 1;1:srr10ss Iralrrs-.
DATED this 31d day of Dernriibn
THC C. r' OF n��=
Jw _ :;r •ercr_, Mayor
ATTEST:
[racy E. Dsi=nrr..
Ji :
I•- .,1.l,herlr
- Icul , Depart
tat S C•'jl I5I, 1r 3 2
7402 .,�ir�ts. t'•.. = ti L.
witness corner It:'G.
thence continuir
ferline St'atico E.
F r ir•..7
Exhibit A
sf.;:fr^^•'1 3 pC:'t '.t lflr E311sff; .01' Of to
eisc e0as
r E.3.7rt tci-rilr of Sec' i° I :: .. f+da County.
}u da.y�r of sa->'i tian 1 °?.�9 Net to an alrr-1'i-
S .1i 1" 44IState S e- B;' 5Ji0, n 1r` aft I -? ]
'lLr'3" Jr said 230 rn. r',:rg th Co .nt tor a:-.. E.r1g eion Es.
• Hook rT C.. Pages 1 ar-d
57.1.0il
eofrlerCi said...='ct-c.: ? - I'1';-w yj?�'tti', 1.215.23 feet.
: ''/V alone a,: dsteriy be._ - :a an iron r n G��C..,L t cen-
the r?errt „f ,tit.. 1i, V" R, t s .,Ito rt on
n flie I rill 7h•2 Idaho Do a ,, 7
bocnlcsry ::..rg said ncr--' the `cic,.=ri; dr8tan-
r
VICTORIA RODELA, being duly swom,
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:
1 Insertions
Beginning issue of: 12/11 /2020
Ending issue of: 12/11 /2020
J
(Legals Clerk)
On this 11th day of December 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
swom, declared that the statements
therein are true, and acknowledged to
me that she executed the same.
Notary Public in and for the state of
Texas, residing in Dallas County
rorwocrer lost or duplicate affidavits,
Legardoeuinentplease do not destroy'
f*larthvvesterty 42.01 feet aionthe arc of a ourue to the right to an aluminum coo o ne
Station 8651-63.53, said curve having a central angle of 01°05'00", a radius cf 2,221.b3 feet, and a
ong chord of 42.00 feet, which bears 51'51'54' VI;
thence N 51 `19'22" !W, 471.69 feet to an aluminum cap opposite centerline Station 860 +96.17;
thence northwesterly 307.95 feet alonggthe arc of a carve to the left to an- iron pin, on the westerly boun-
dary of the East half of the Southeast 4 of the Southeast IA of said Section 7, said pin comae certer-
iine Station 857+97..33, said curve Fa''in' central angle of 07'2.8'14", a radius of 2,361.83 and a loon
chord of 307.73 feet, which bears N 55103'30' W:
thence leaving said northerly right -of -gray N 00'30`48' E along said westerly boundary.
200-49 feet to an iron pin, on the southerly right-of-way of Stat Highway 44 {State Street) opposite of
centerline Station 2+78.69 as shown on mans A.P.F. No. S P.F.3271f0331 as filed aith the Idaho De.
partsnent rf Transportation;
thence leaving said westerly boundary along said southerly dot —off —way nertheasterly,
136.96 feet along the am of a curve to the right to an aluminum cap opposite centerline Station
4+49.88, said curve haa central' ante of 32 41'39', a radius. of 24v;.00 feet, and a long chord of
135.10 feet, which bears 72'25'25' E;
thence continuing along. said southerly nght=ot=way N 88'4623" E. 530.83 feet to the
REAL POINT OF BEGINNING.
, M—000482 i 59,01