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Ordinance - 2015 - 741 - Rezone Predico - 08/25/2015ORDINANCE NO. 741 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM A (AGRICULTURAL), A -R (AGRICULTURAL - RESIDENTIAL), AND R- 2 -DA -P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT — PUD) CLASSIFICATIONS 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, A -R, and R- 2 -DA -P to MU -DA; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as tax parcel numbers S0507417250, S0507427855, 50507427905, and S0507427914; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on January 5, 2015, 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 June 3, 2015, 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. Page 1 of 2 KACOUNCUDraft Ordinances \Ord 741 Predico.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 A (Agricultural), A -R (Agricultural- Residential), and R- 2 -DA -P zoning classifications 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 A (Agricultural), A -R (Agricultural - Residential), and R- 2 -DA -P zoning classifications 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 25th day of August 2015. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ames D. ReynolcV, Njayor ATTEST: •' G� O�Q 0 R J �� •' Sharo . Bergmann, Eagle City Plerk % SEAL Of Page 2 of 2 K)COUNCQ OWt Ordinances0rd 741 Predico doe October 30, 2014 Project No. 114134 Eagle Pointe Rezone Description 13.60 Acres EXHIBIT A Legal Description H ° .aa oar '°� Page 1 of 2 Exhibit "A" A tract of land situated in the Northeast One Quarter of the Southeast One Quarter of section 7, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, described as follows: Commencing at the East One Quarter Corner of said Section 7, said corner being North 1 °30'03" East a distance of 2,665.82 feet from the Southeast Corner of said Section 7, thence following the easterly line of said Section 7, South 1'30'03" West a distance of 1,332.91 feet the South One Sixteenth Corner of said Section 7; Thence leaving said easterly line and following the southerly line of the said Northeast One Quarter and the Southeast One Quarter of section 7, South 89'49'13" West a distance of 835.18 feet; Thence leaving said southerly line, North 0'10'47" West a distance of 21.73 feet to the POINT OF BEGINNING. Thence South 89'41'24" West a distance of 1,365.05 feet to a point on the southerly extension of the centerline of West State Street; Thence following said centerline line and southerly extension thereof, along the following 6 courses: 1. North 0'18'21" West a distance of 315.89 feet; 2. 420.67 feet along the arc of a circular curve to the right, said curve having a radius of 263.00 feet, a central angle of 91 °38'41 ", a chord bearing of North 45'31'00" East, and a chord distance of 377.24 feet; 3. South 88 °39'40" East a distance of 343.91 feet; 4 165.96 feet along the arc of a circular curve to the right, said curve having a radius of 263.00 feet, a central angle of 36 °09'21 ", a chord bearing of South 70 °34'59" East, and a chord distance of 163.22 feet; 'i South 52'30'19" East a distance of 663.65 feet; 6. 86.71 feet along the arc of a circular curve to the left, said curve having a radius of 510.00 feet, a central angle of 9'44'30 ", a chord bearing of South 57 °22'34" East, and a chord distance of 86.61 feet; Thence leaving said centerline, South 0'18'36" East a distance of 59.89 feet to the POINT OF BEGINNING. - www.thglandnrouoinc.cnm EXHIBIT A - Page 1 '. t ir Page 2 of 2 •rtrt: L:wo r,ttnur. t,Nr The above- described tract of land contains 13.60 acres, more or less, and is intended for rezone purposes only. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 EXHIBIT A - Page 2 /O. so' 2oiq Re Loea9ae a1201g114134\c�be ,114134 rase MMtftg Last Pam By.Mke ce0 Date Prone¢ 1hmfty, October 30 2014 at 11:40 AM m N O W Q W wrn w m � n C-) O 2 O 9 Z m Z m V 2 —4 M l _ 1332A S01 °30 N_ V w NnnoiA'71°W 315_A9' W�co ° a4�w Cn ma nn ZO Z z V 2 M. _ 1 _ 1332_91_ '03 °W 2665.82' m-n C CD cD I ® C1 n Q G c� -' G , © 1f,. 111 Shed 71. 1 SL iz Exhibit B ,t� IH NJ I E agle Pointe j Rezone Exhibit s a Eagle Idaho Fi PR n 0 ssr Z r O -� to 0,9 C W N m a r Z to CY) V 1 y� O ONi W CNS W D p O O O C N e0 W e0 `' A w m m e W w r C2 1 n w y d Q C') w -Cy CD V 2 (Ow4 p N A p -It 19 O m m m Z p n 2 W W 2 Oi W v O if N M Z O 2 W wrn w m � n C-) O 2 O 9 Z m Z m V 2 —4 M l _ 1332A S01 °30 N_ V w NnnoiA'71°W 315_A9' W�co ° a4�w Cn ma nn ZO Z z V 2 M. _ 1 _ 1332_91_ '03 °W 2665.82' m-n C CD cD I ® C1 n Q G c� -' G , © 1f,. 111 Shed 71. 1 SL iz Exhibit B ,t� IH NJ I E agle Pointe j Rezone Exhibit s a Eagle Idaho Fi PR 0 ssr Z r O -� to 0,9 0) 80 W wrn w m � n C-) O 2 O 9 Z m Z m V 2 —4 M l _ 1332A S01 °30 N_ V w NnnoiA'71°W 315_A9' W�co ° a4�w Cn ma nn ZO Z z V 2 M. _ 1 _ 1332_91_ '03 °W 2665.82' m-n C CD cD I ® C1 n Q G c� -' G , © 1f,. 111 Shed 71. 1 SL iz Exhibit B ,t� IH NJ I E agle Pointe j Rezone Exhibit s a Eagle Idaho Fi Valley Times P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account Address: (i -ID o 4 Fct q c identification: (e E, Ci t' r_ Lan 4- Run Dates: Gr -"I ct, rL0 RECEIVED & FILED CITY OF EAGLE SEP 0 2015 File Route to• CrAd 'an Ko 1.gt d 3 f :).-tit les 1 t Amount ffl 67.0`1" ORDINANCE NO. 741 1 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REA] r PROPERTY DESCRIBED HEREIN FROM A (AGRICULTURAL), A -R (AGRICULTURAL RESIDENTIAL), AND R -2 -DA -P (RESIDENTIAL WITH A DEVELOPMENT AGREEMEN' PUD) CLASSIFICATIONS TO MU -DA (MIXED USE WITH A DEVELOPMEN• AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLEC 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, A -R, and R. 2 -DA -P to MU -DA; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as tax parcel numbers 50507417250, S0507427855, 50507427905, and S0507427914; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on January 5, 2015, 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 publi hearing on June 3, 2015, on the proposed zoning for the real property described in Exhibit "A" a required by Section 67-6509, Idaho Code, made findings and determined that the requests zoning classification of MU -DA for the property described in Exhibit "A" is appropriate to mee the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and i 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 (Agricultural), A -R (Agricultural -Residential), and R -2 -DA -P zoning classifications 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 A (Agricultural). A -R (Agricultural - Residential), and R -2 -DA -P zoning classifications and the real property described in Exhibit "A" is hereby included in the MU -DA (Mixed Use with a development agreement) zoning classification. Seaton 3: The official Zoning Map gf the City -of Eagle, Idaho is hereby amended to refiectthe 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 25" day of August 2015. CITY COUNCIL OF THE CITY OF EAGLE Frank Thomason, being duly sworn, deposes and says: That he is the Principal Clerk of biley Times, a weekly newspaper published at ague, Ada County, State of Idaho; that the said newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, Star, and Eagle, and has been uninterruptedly published in said County during a period of ilenty-eight consecutive weeks prior to the first otion of this notice, a copy of which is attached hereto, and that the notice was published in alley Tlmes, in conformity with Section 60-108, Idaho Code, as amended, for 1 time(s) the regular and entire issue of said paper, and printed in the newspaper proper, and not in a upplement and that said notice was published on the following dates: Beginning 41 :i1 2i1tc 1 • L Ending , 3 i '2,01c C44,17FRX/rvi..4v1 STATE OF IDAHO ) )SS s 1 l / COUNTY OF ADA ) day of ...„.1,da in the year of 2015 ;,fore me, a Notary Pur ic, personally appeared son, known or identified to me to be the person se name is subscribed to the within instrument, being by me first Ottly sworn, declared that the S he are trued a .,l owledged to me that ii , ``,. = executed the same. L4 )1. Notary Public for Idaho Residingioi se4lD My Commission expires: ;tel